Page:United States Statutes at Large Volume 108 Part 6.djvu/298

 108 STAT. 4866 PUBLIC LAW 103-465—DEC. 8, 1994 pended investigation is terminated, the Commission shall consider whether the likely voliraie of imports of the subject merchandise would be significant if the order is revoked or the suspended investigation is terminated, either in absolute terms or relative to production or consumption in the United States. In so doing, the Commission shall consider all relevant economic factors, including— "(A) any likely increase in production capacity or existing unused production capacity in the exporting country, "(B) existing inventories of the subject merchandise, or likely increases in inventories, "(Cf) the existence of barriers to the importation of such merchandise into countries other than the United States, and "(D) the potential for product-shifting if production facilities in the foreign country, which can be used to produce the subject merchandise, are currently being used to produce other products. "(3) PRICE. —In evaluating the Ukely price effects of imports of the subject merchandise if the order is revoked or the suspended investigation is terminated, the Commission shall consider whether— "(A) there is likely to be significant price underseUing by imports of the subject merchandise as compared to domestic like products, and "(B) imports of the subject merchandise are likely to enter the United States at prices that otherwise would have a significant depressing or suppressing effect on the price of domestic like products. (4) IMPACT ON THE INDUSTRY.— In evaluating the likely impact of imports of the subject merchandise on the industry if the order is revoked or the suspended investigation is terminated, the Commission shall consider all relevant economic factors which are likely to have a bearing on the state of the industry in the United States, including, but not limited to— "(A) Ukely decUnes in output, sales, market share, prof- its, productivity, return on investments, and utilization of capacity, (B) ukely negative effects on cash flow, inventories, employment, wages, growth, ability to raise capital, and investment, and "(C) likely negative effects on the existing development and production efforts of the industry, including efforts to develop a derivative or more advanced version of the domestic like product. The Commission shall evaluate all relevant economic factors described in this paragraph within the context of the business cycle and the conditions of competition that are distinctive to the affected industry. "(5) BASIS FOR DETERMINATION. — The presence or absence of any factor which the Commission is required to consider \inder this subsection shall not necessarily give decisive guidance with respect to the Commission's determination of whether material injury is likely to continue or reciu* within a reasonably foreseeable time if the order is revoked or the suspended investigation is terminated. In making that determination, the

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