Page:United States Statutes at Large Volume 102 Part 2.djvu/202

 102 STAT. 1206

PUBLIC LAW 100-418—AUG. 23, 1988

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"(III) actual and potential negative effects on cash flow, inventories, employment, wages, growth, ability to raise capital, and investment, and • "(IV) actual and potential negative effects on the 7i existing development and production efforts of the domestic industry, including efforts to develop a derivative or more advanced version of the like product. The Commission shall evaluate all relevant economic factors described in this clause within the context of the business cycle and conditions of competition that are distinctive to the affected industry.". SEC. 1329. THREAT OF MATERIAL INJURY.

Subparagraph (F) of section 771(7) (19 U.S.C. 1677(7)(F)) (as amended by section 1326) is further amended— (1) by striking out "and" at the end of clause (i)(VIII), (2) by striking out the period at the end of clause (i)(IX), (3) by adding at the end of clause (i) the following new subclause: "(X) the actual and potential negative effects on the existing development and production efforts of the (4) by adding at the end thereof the following: "(iii) EFFECT OF DUMPING IN THIRD-COUNTRY MARKETS.—
 * domestic industry, including efforts to develop a derivative or more advanced version of the like product.", and

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"(I) IN GENERAL.—In investigations under subtitle B, the Commission shall consider whether dumping in the markets of foreign countries (as evidenced by dumping findings or antidumping remedies in other GATT member markets against the same class or kind of merchandise manufactured or exported by the same party as under investigation) suggests a threat of material injury to the domestic industry. In the course of its investigation, the Commission shall request information from the foreign manufacturer, exporter, or United States importer concerning this issue. "(II) GATT MEMBER MARKET.—For purposes of this clause, the term 'GATT member market' means the market of any country which is a signatory to The Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (relating to antidumping measures). "(Ill) EUROPEAN COMMUNITIES.—For purposes of this clause, the European Communities shall be treated as a foreign country.".

SEC. 1330. CUMULATION.

(a) THREAT OF INJURY.—Subparagraph (F) of section 771(7) (19 U.S.C. 1677(7)(F)) (as amended by section 1329) is further amended by adding at the end thereof the following new clause: "(iv) CUMULATION.—To the extent practicable and subject to subparagraph (C)(v), for purposes of clause (i) (III) and (IV) the Commission may cumulatively assess

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