Evidence of Material Injury and Causation
Section 771(7)(A) defines material injury as harm which is not inconsequential, immaterial, or unimportant.
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In general, the ITC is responsible for determining whether a domestic industry is
materially injured, or a domestic industry is threatened with material injury as a result of
the individual and cumulated impact of the allegedly dumped imports.
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In making this determination, sections 771(7)(B) and (C) of the Act direct the ITC to
evaluate: whether the volume or increase in volume of imports is significant; whether
there has been significant price underselling by the imported merchandise and if such
imports have depressed prices; and all relevant economic factors which have an impact on
the state of the industry in the United States.
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Although the ITC is responsible for determining whether or not a domestic industry has
been injured by reason of dumped imports, the Department must confirm that a petition
provides evidence of material injury or threat thereof which has been caused by the
individual and/or cumulated impact of the dumped and/or subsidized imports for which
the petitioner is seeking relief.
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In making its determination, the Department examines whether the petition identifies the
types of injury that the petitioners have experienced, including, but not limited to:
declining domestic prices, reduced levels of production, reduced levels of capacity
utilization, declining net sales and market share, sales lost to imports, declining
profitability, reduced levels of employment, and bankruptcy.
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In order to assess the accuracy and adequacy of the evidence relating to the material
injury and causation allegations, the Department compares the evidence presented in the
petitions with information that is reasonably available.
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If the petition’s allegations are sufficiently supported by evidence, and if the
Department’s review of reasonably available information is not contrary to this evidence,
the Department determines that the petition meets the statutory requirements for initiation
for material injury and causation.
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