Saccharin from China - USITC

(3) PRICE.--In evaluating the likely price effects of imports of the subjectmerchandise if the order is revoked or the suspended investigation is terminated, theCommission shall consider whether--(A) there is likely to be significant price underselling by importsof the subject merchandise as compared to domestic like products, and(B) imports of the subject merchandise are likely to enter theUnited States at prices that otherwise would have a significantdepressing or suppressing effect on the price of domestic like products.(4) IMPACT ON THE INDUSTRY.--In evaluating the likely impact of imports ofthe subject merchandise on the industry if the order is revoked or the suspendedinvestigation is terminated, the Commission shall consider all relevant economic factorswhich are likely to have a bearing on the state of the industry in the United States,including, but not limited to--(A) likely declines in output, sales, market share, profits,productivity, return on investments, and utilization of capacity,(B) likely negative effects on cash flow, inventories, employment,wages, growth, ability to raise capital, and investment, and(C) likely negative effects on the existing development andproduction efforts of the industry, including efforts to develop aderivative or more advanced version of the domestic like product.The Commission shall evaluate all such relevant economic factors . . . within the contextof the business cycle and the conditions of competition that are distinctive to the affectedindustry.Section 752(a)(6) of the Act states further that in making its determination, “the Commission mayconsider the magnitude of the margin of dumping or the magnitude of the net countervailable subsidy. Ifa countervailable subsidy is involved, the Commission shall consider information regarding the nature ofthe countervailable subsidy and whether the subsidy is a subsidy described in Article 3 or 6.1 of theSubsidies Agreement.”Information obtained during the course of the review that relates to the above factors is presentedthroughout this report. A summary of data collected in the review is presented in appendix C; table C-1presents data on the total U.S. market for saccharin. U.S. industry data are based on the questionnaireresponse of the one firm that accounted for all U.S. production of saccharin during 2003-08. U.S. importdata are based on official Commerce statistics for all sources. Responses by the U.S. producer, importers,and purchasers of saccharin to a series of questions concerning the significance of the existingantidumping duty order and the likely effects of revocation are presented in appendix D.ChinaCOMMERCE’S ORIGINAL INVESTIGATION AND ITS REVIEWSAdministrative ReviewsCommerce completed two antidumping duty order administrative reviews with regard to subjectimports of saccharin from China. Information on Commerce’s administrative reviews of the subject orderon China are presented in table I-2.I-5