exceeded those for PMC at any time during the review period, and also exceeded those of the subject132 133producers themselves during the original investigation period.Chinese subject producers were even more export-oriented during the review period than in theoriginal investigation. During the original investigation, total exports by reporting Chinese subjectproducers ranged between *** pounds in 2000 and *** pounds in 2002. 134 By 2007, total exports byChinese subject producers were estimated to have grown to *** pounds. 135 During the review period,Chinese subject producers exported between *** percent and *** percent of their total production. 136Moreover, Chinese subject producers had considerable excess capacity available during thereview period. 137 Industry consultancy reports indicate that subject producers’ capacity utilization was*** percent in 2007, with over *** pounds of unused capacity. 138 This *** pounds of unused capacityis approximately two-and-one-half times greater than the volume of total apparent U.S. consumption inany given year during the review period. 139 Subject producer Tianjin Changie reported that ***, andthat its capacity utilization was just *** percent in 2008, which represented *** pounds of excesscapacity or *** percent of apparent U.S. consumption in 2008. 140As noted above, subject producers possessed ample excess capacity that could be directed to theU.S. market if the order were revoked and subject imports maintained a significant and growing U.S.presence throughout the review period, even with the antidumping duty order in place. 141 Subjectproducers also were highly, and increasingly, export-oriented over the review period. Moreover, asdiscussed below, the United States is an attractive market for subject imports because of the prevailinghigh prices for saccharin. In other words, subject producers have the ability and incentive to ship132Compare CR/PR at Table IV-4 with CR/PR at Table IV-6.133Tianjin Changjie alone had the capacity to produce *** pounds of saccharin throughout the review period,which substantially exceeded PMC’s capacity in every year of the review period. Moreover, Tianjin Changjieproduced between *** pounds and *** pounds of saccharin between 2003 and 2008, which substantially exceededPMC’s saccharin production throughout the review period. Also, Tianjin Changjie’s total exports to third-countrymarkets were substantially larger than PMC’s production throughout the review period. CR/PR at Table IV-5.134CR/PR at Table IV-4.135See, e.g., CR/PR at Table IV-6.136See e.g., CR/PR at IV-6; PR at IV-5.137See, e.g., CR/PR at Table IV-6.138See e.g., CR/PR at Table IV-6.139See e.g., CR/PR at Tables I-9 & IV-6.140In its questionnaire response, subject producer Tianjin Changjie indicated that, ***. CR at IV-8; PR at IV-5;CR at D-13 to D-14; PR at D-12 to D-13. Tianjin Changie also reported that, ***. See e.g., PMC Final Commentsat 12; CR at D-13 to D-14; PR at D-12 to D-13; Hearing Tr. at 127, 131, and 150.141PMC also argues that there is evidence of circumvention of the order during the review period. We note that,in its administrative review proceeding before the Department of Commerce, PMC alleged that an Indian company,Beta Udyog Ltd. (“Beta Udyog”), had “sold [Chinese] subject merchandise at less than normal value in the UnitedStates during the period of review.” PMC Posthearing Br., Ex.1 at 25. Beta Udyog did not respond to Commerce’srequests for information. Accordingly, Commerce included Beta Udyog in the final results of Commerce’s mostrecent administrative review of the order covered in this five-year review. CR/PR at Table I-2. This circumventionfinding by Commerce provides additional evidence of continued interest in the U.S. market by Chinese saccharinproducers.We also note that, at the hearing, Mr. Dennis Delaney, Sales Manager at TR International and a witnesstestifying on behalf of subject producer Tianjin Changie, acknowledged “concerns about circumvention” as a factorin his company’s decision not to import saccharin <strong>from</strong> third countries including Japan or Israel. Hearing Tr. at 133-134. While such allegations concerning circumvention are part of the record in this review, we do not rely on themto support our findings on the likely volume of imports in the event of revocation.18
significant volumes of saccharin to the United States if the order were revoked. For all of the foregoingreasons, we find that the volume of subject imports is likely to be significant if the order were revoked.2. Likely Price Effects of Subject ImportsIn evaluating the likely price effects of subject imports if the order under review were revoked,the Commission is directed to consider whether there is likely to be significant underselling by thesubject imports as compared to the domestic like product and whether the subject imports are likely toenter the United States at prices that otherwise would have a significant depressing or suppressing effecton the price of the domestic like product. 142In the original determination, the Commission found that the domestic like product and subjectmerchandise were interchangeable and that price was an important factor in purchasing decisions. 143The Commission found that subject imports undersold the domestic product in all quarters and for allfive product categories for which price comparisons were available; the margins of underselling ranged<strong>from</strong> 6.1 percent to 59.6 percent. 144 The Commission found this underselling to be significant. 145In the original determination, the Commission also found that there was significant pricesuppression by reason of subject imports. 146 PMC’s cost of goods sold relative to net sales increasedsteadily over the period examined. 147 The Commission found that PMC’s inability to increase prices tomeet rising costs was due to a significant degree to the increased volume of low-priced subjectimports. 148 The Commission also found some evidence of price depression on the record, as domesticprices for products 4 and 5 fell during the period of investigation, while the quantity of subject importsrose. 149 The Commission also noted that lost sales allegations totaling approximately $*** wereconfirmed. 150 In light of the large and increasing volumes of subject imports over the period, persistentunderselling, significant margins of underselling, evidence of price suppression and depression, andconfirmed lost sales allegations, the Commission found that subject imports had significant adverseprice effects. 151The record evidence in this review indicates that price continues to be an important factor inpurchasing decisions, 152 and that the domestic like product and subject imports continue to beinterchangeable. 153 The overwhelming majority of purchasers reported that the domestic like product142See 19 U.S.C. § 1675a(a)(3). The SAA states that “{c}onsistent with its practice in investigations, inconsidering the likely price effects of imports in the event of revocation and termination, the Commission may relyon circumstantial, as well as direct, evidence of the adverse effects of unfairly traded imports on domestic prices.”SAA at 886.143Original Determination at 12.144Id.145Id.146Id.147Id.148Id.149Id.150Id.151Id.152CR/PR at Tables II-3 & II-4.153See, e.g., CR at II-8 to II-9; PR at II-5 to II-6; CR/PR at Table II-5.19
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Figure V-1Exchange rates: Index of
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Table V-3Saccharin: Weighted-averag
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APPENDIX BCALENDAR OF PUBLIC HEARIN
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In Opposition to Continuation of th
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Table C-1Saccharin: Summary data co
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U.S. PRODUCERS COMMENTSThe Commissi
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***“***.”***“No.”***“No.
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DOC/ITC regulations. Their own prod
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***“*** could lower inventories b
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The Commission requested foreign pr