Stacked shipping containers of various colors
Get Relief from Unfair Trade
Elements of an AD/CVD Petition

injury

Evidence of Material Injury and Causation

       

What is ā€œmaterial injuryā€ Material injury is defined as harm that is not inconsequential or immaterial.

What is ā€œcausationā€?  Causation is the linkage between the dumped and/or subsidized imports and the injury experienced by the domestic industry.

A petition must provide reasonably available evidence that the domestic industry has experienced, or is threatened with, material injury by reason of the allegedly dumped and/or subsidized imports.

Key Elements of the Injury Allegation:

  • Analysis of import volume and value data for the past three years and year-to-date interim periods
  • Analysis of market share, U.S. consumption, and prices
  • Evidence of the types of material injury the domestic industry has experienced, or is threatened with, including, but not limited to:
    • declining or suppressed domestic prices
    • reduced levels of production and capacity utilization
    • sales and revenues lost to imported merchandise, declining market share
    • declining net sales, profitability, and financial performance
    • reduced levels of employment, plant closures, bankruptcy
  • Discussion of the causal link between the allegedly dumped and/or subsidized imports and the injury experienced by the domestic industry

Important Considerations:

  • The Department of Commerce examines whether the petition contains sufficient evidence of material injury or threat thereof and causation that meets the requirements for initiation.
  • After an investigation is initiated, the International Trade Commission (ITC) determines whether a domestic industry is material injured, or threatened with material injury, as a result of the impact of the allegedly dumped and/or subsidized imports.

 

Helpful Resources:

Section 771(7) of the Tariff Act of 1930, as amended

ITC – AD/CVD Handbook

ITC– Import Injury Investigations

ITC – DataWeb (U.S. trade data)