DEFINITION OF MATERIAL INJURY.

SEC. 503. DEFINITION OF MATERIAL INJURY. (a) Effect of Profitability of Domestic Industries.—Section 771(7) of the Tariff Act of 1930 (19 U.S.C. 1677(7)) is amended by adding at the end the following: “(J) Effect of profitability.—The Commission may not determine that there is no material injury or threat of material injury to an industry in the United States merely because that industry is profitable or because the performance of that industry has recently improved.” . (b) Evaluation of Impact on Domestic Industry in Determination of Material Injury.—Subclause (I) of section 771(7)(C)(iii) of the Tariff Act of 1930 (19 U.S.C. 1677(7)(C)(iii)) is amended to read as follows: “(I) actual and potential decline in output, sales, market share, gross profits, operating profits, net profits, ability to service debt, productivity, return on investments, return on assets, and utilization of capacity,” . (c) Captive Production.—Section 771(7)(C)(iv) of the Tariff Act of 1930 (19 U.S.C. 1677(7)(C)(iv)) is amended— (1) in subclause (I), by striking the comma and inserting “, and”; (2) in subclause (II), by striking “, and” and inserting a comma; and (3) by striking subclause (III).