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 “material injury”?  Material injury is defined as harm that is not inconsequential or immaterial.

What is “causation”?  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)

 

×

Global Business Navigator Chatbot Beta

Welcome to the Global Business Navigator, an artificial intelligence (AI) Chatbot from the International Trade Administration (ITA). This tool, currently in beta version testing, is designed to provide general information on the exporting process and the resources available to assist new and experienced U.S. exporters. The Chatbot, developed using Microsoft’s Azure AI services, is trained on ITA’s export-related content and aims to quickly get users the information they need. The Chatbot is intended to make the benefits of exporting more accessible by understanding non-expert language, idiomatic expressions, and foreign languages.

Limitations

As a beta product, the Chatbot is currently being tested and its responses may occasionally produce inaccurate or incomplete information. The Chatbot is trained to decline out of scope or inappropriate requests. The Chatbot’s knowledge is limited to the public information on the Export Solutions web pages of Trade.gov, which covers a wide range of topics on exporting. While it cannot provide responses specific to a company’s product or a specific foreign market, its reference pages will guide you to other relevant government resources and market research. Always double-check the Chatbot’s responses using the provided references or by visiting the Export Solutions web pages on Trade.gov. Do not use its responses as legal or professional advice. Inaccurate advice from the Chatbot would not be a defense to violating any export rules or regulations.

Privacy

The Chatbot does not collect information about users and does not use the contents of users’ chat history to learn new information. All feedback is anonymous. Please do not enter personally identifiable information (PII), sensitive, or proprietary information into the Chatbot. Your conversations will not be connected to other interactions or accounts with ITA. Conversations with the Chatbot may be reviewed to help ITA improve the tool and address harmful, illegal, or otherwise inappropriate questions.

Translation

The Chatbot supports a wide range of languages. Because the Chatbot is trained in English and responses are translated, you should verify the translation. For example, the Chatbot may have difficulty with acronyms, abbreviations, and nuances in a language other than English.

Privacy Program | Information Quality Guidelines | Accessibility