CUMULATION.

SEC. 1330. CUMULATION. (a) Threat of Injury.— Subparagraph (F) of section 771(7) (19 U.S.C. 1677(7)(F)) (as amended by section 1329) is further amended by adding at the end thereof the following new clause: “(iv) Cumulation.— To the extent practicable and subject to subparagraph (C)(v), for purposes of clause (i) (III) and (IV) the Commission may cumulatively assess 102 STAT. 1207the volume and price effects of imports from two or more countries if such imports— “(I) compete with each other, and with like products of the domestic industry, in the United States market, and “(II) are subject to any investigation under section 303,701, or 731.”. (b) Treatment of Negligible Imports.— Subparagraph (C) of section 771(7) (19 U.S.C. 1677(7)(0) is amended by adding at the end thereof the following new clause: “(v) Treatment of negligible imports.— The Commission is not required to apply clause (iv) or subparagraph (F)(iv) in any case in which the Commission determines that imports of the merchandise subject to investigation are negligible and have no discernable adverse impact on the domestic industry. For purposes of making such determination, the Commission shall evaluate all relevant economic factors regarding the imports, including, but not limited to, whether— “(I) the volume and market share of the imports are negligible, “(II) sales transactions involving the imports are isolated and sporadic, and “(III) the domestic market for the like product is price sensitive by reason of the nature of the product, so that a small quantity of imports can result in price suppression or depression. For purposes of this clause, the Commission may treat as negligible and having no discernable adverse impact on the domestic industry imports that are the product of any country that is a party to a free trade area agreement with the United States which entered into force and effect before January 1, 1987, if the Commission determines that the domestic industry is not being materially injured by reason of such imports.”.