MATERIAL INJURY.

SEC. 1328. MATERIAL INJURY. Section 771(7) (19 U.S.C. 1677(7)) is amended— (1) by amending subparagraph (B) to read as follows: “(B) Volume and consequent impact.— In making determinations under sections 703(a), 705(b), 733(a), and 735(b), the Commission, in each case— “(i) shall consider— “(I) the volume of imports of the merchandise which is the subject of the investigation, “(II) the effect of imports of that merchandise on prices in the United States for like products, and “(III) the impact of imports of such merchandise on domestic producers of like products, but only in the context of production operations within the United States; and “(ii) may consider such other economic factors as are relevant to the determination regarding whether there is material injury by reason of imports. In the notification required under section 705(d) or 735(d), as the case may be, the Commission shall explain its analysis of each factor considered under clause (i), and identify each factor considered under clause (ii) and explain in full its relevance to the determination.”; and (2) by amending subparagraph (C)— (A) by amending the heading to read as follows: “(C) Evaluation of relevant factors.—”, (B) by striking out “price undercutting” in clause (ii) and inserting “price underselling”, and (C) by amending clause (iii) to read as follows: “(iii) Impact on affected domestic industry.— In examining the impact required to be considered under subparagraph (B)(iii), the Commission shall evaluate all relevant economic factors which have a bearing on the state of the industry in the United States, including, but not limited to— “(I) actual and potential decline in output, sales, market share, profits, productivity, return on investments, and utilization of capacity, “(II) factors affecting domestic prices, 102 STAT. 1206 “(III) actual and potential negative effects on cash flow, inventories, employment, wages, growth, ability to raise capital, and investment, and “(IV) actual and potential negative effects on the existing development and production efforts of the domestic industry, including efforts to develop a derivative or more advanced version of the like product. The Commission shall evaluate all relevant economic factors described in this clause within the context of the business cycle and conditions of competition that are distinctive to the affected industry.”.