industry

(A)The term “industry” means the producers as a whole of a domestic like product, or those producers whose collective output of a domestic like product constitutes a major proportion of the total domestic production of the product. (B) (i)If a producer of a domestic like product and an exporter or importer of the subject merchandise are related parties, or if a producer of the domestic like product is also an importer of the subject merchandise, the producer may, in appropriate circumstances, be excluded from the industry. (ii)For purposes of clause (i), a producer and an exporter or importer shall be considered to be related parties, if— (I)the producer directly or indirectly controls the exporter or importer, (II)the exporter or importer directly or indirectly controls the producer, (III)a third party directly or indirectly controls the producer and the exporter or importer, or (IV)the producer and the exporter or importer directly or indirectly control a third party and there is reason to believe that the relationship causes the producer to act differently than a nonrelated producer. (C)In appropriate circumstances, the United States, for a particular product market, may be divided into 2 or more markets and the producers within each market may be treated as if they were a separate industry if— (i)the producers within such market sell all or almost all of their production of the domestic like product in question in that market, and (ii)the demand in that market is not supplied, to any substantial degree, by producers of the product in question located elsewhere in the United States. (D)The effect of dumped imports or imports of merchandise benefiting from a countervailable subsidy shall be assessed in relation to the United States production of a domestic like product if available data permit the separate identification of production in terms of such criteria as the production process or the producer’s profits. If the domestic production of the domestic like product has no separate identity in terms of such criteria, then the effect of the dumped imports or imports of merchandise benefiting from a countervailable subsidy shall be assessed by the examination of the production of the narrowest group or range of products, which includes a domestic like product, for which the necessary information can be provided. (E) (i)Subject to clause (v), in an investigation involving a processed agricultural product produced from any raw agricultural product, the producers or growers of the raw agricultural product may be considered part of the industry producing the processed product if— (I)the processed agricultural product is produced from the raw agricultural product through a single continuous line of production; and (II)there is a substantial coincidence of economic interest between the producers or growers of the raw agricultural product and the processors of the processed agricultural product based upon relevant economic factors, which may, in the discretion of the Commission, include price, added market value, or other economic interrelationships (regardless of whether such coincidence of economic interest is based upon any legal relationship). (ii)For purposes of this subparagraph, the processed agricultural product shall be considered to be processed from a raw agricultural product through a single continuous line of production if— (I)the raw agricultural product is substantially or completely devoted to the production of the processed agricultural product; and (II)the processed agricultural product is produced substantially or completely from the raw product. (iii)For purposes of clause (i)(II), in addition to such other factors it considers relevant to the question of coincidence of economic interest, the Commission shall— (I)if price is taken into account, consider the degree of correlation between the price of the raw agricultural product and the price of the processed agricultural product; and (II)if added market value is taken into account, consider whether the value of the raw agricultural product constitutes a significant percentage of the value of the processed agricultural product.

Source

19 USC § 1677(4)(A)


Scoping language

None: Default is title Scope
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