injury
Evidence of Material Injury and Causation
What is “material injury”? Material injury is defined as harm that is not inconsequential or immaterial.
What is “causation”? Causation is the linkage between the dumped and/or subsidized imports and the injury experienced by the domestic industry.
A petition must provide reasonably available evidence that the domestic industry has experienced, or is threatened with, material injury by reason of the allegedly dumped and/or subsidized imports.
Key Elements of the Injury Allegation:
- Analysis of import volume and value data for the past three years and year-to-date interim periods
- Analysis of market share, U.S. consumption, and prices
- Evidence of the types of material injury the domestic industry has experienced, or is threatened with, including, but not limited to:
- declining or suppressed domestic prices
- reduced levels of production and capacity utilization
- sales and revenues lost to imported merchandise, declining market share
- declining net sales, profitability, and financial performance
- reduced levels of employment, plant closures, bankruptcy
- Discussion of the causal link between the allegedly dumped and/or subsidized imports and the injury experienced by the domestic industry
Important Considerations:
- The Department of Commerce examines whether the petition contains sufficient evidence of material injury or threat thereof and causation that meets the requirements for initiation.
- After an investigation is initiated, the International Trade Commission (ITC) determines whether a domestic industry is material injured, or threatened with material injury, as a result of the impact of the allegedly dumped and/or subsidized imports.
Helpful Resources:
Section 771(7) of the Tariff Act of 1930, as amended
ITC– Import Injury Investigations
ITC – DataWeb (U.S. trade data)