Page:United States Statutes at Large Volume 93.djvu/210

 93 STAT. 178

PUBLIC LAW 96-39—JULY 26, 1979 "(iv) The assumption of any costs or expenses of manufacture, production, or distribution. "(6) NET SUBSIDY.—For the purpose of determining the net subsidy, the administering authority may subtract from the gross subsidy the amount of— "(A) any application fee, deposit, or similar payment paid in order to qualify for, or to receive, the benefit of the subsidy, "(B) any loss in the value of the subsidy resulting from its deferred receipt, if the deferral is mandated by Government order, and "(C) export taxes, duties, or other charges levied on the export of merchandise to the United States specifically intended to offset the subsidy received. "(7) MATERIAL INJURY.—

"(A) IN GENERAL.—The term 'material injury' means harm which is not inconsequential, immaterial, or unimportant. "(B)

VOLUME AND CONSEQUENT IMPACT.—In making its

determinations under sections 703(a), 705(b), 733(a), and 735(b), the Commission shall consider, among other factors— "(i) the volume of imports of the merchandise which is the subject of the investigation, "(ii) the effect of imports of that merchandise on prices in the United States for like products, and "(iii) the impact of imports of such merchandise on domestic producers of like products. "(C) EVALUATION OF VOLUME AND OF PRICE EFFECTS.—For

purposes of subparagraph (B)— "(i) VOLUME.—In evaluating the volume of imports of merchandise, the Commission shall consider whether the volume of imports of the merchandise, or any increase in that volume, either in absolute terms or relative to production or consumption in the United States, is significant. "(ii) PRICE.—In evaluating the effect of imports of such merchandise on prices, the Commission shall consider whether— "(I) there has been significant price undercutting by the imported merchandise as compared with the price of like products of the United States, and "(II) the effect of imports of such merchandise otherwise depresses prices to a significant degree or prevents price increases, which otherwise would have occurred, to a significant degree. "(iii) IMPACT ON AFFECTED INDUSTRY.—In examining the impact on the affected industry, the Commission shall evaluate all relevant economic factors which have a bearing on the state of the industry, including, but not limited to— "(I) actual and potential decline in output, sales, market share, profits, productivity, return on investments, and utilization of capacity, "(II) factors affecting domestic prices, and "(III) actual and potential negative effects on cash flow, inventories, employment, wages, growth, ability to raise capital, and investment. "(D) SPECIAL RULES FOR AGRICULTURAL PRODUCTS.—

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