Amends the Trade Act of 1974 to require the International Trade Commission (ITC), when determining whether increased imports have resulted in a serious injury to a competing domestic industry, to take into account any significant increase in the share of total imports attributable to domestic producers in the industry. Requires the ITC, when determining whether increased imports constitute a threat of serious injury to a competing domestic industry, to take into account an upward trend in imports attributable to domestic producers. Requires the ITC, when determining whether imports are a substantial cause of serious injury to a competing domestic industry, to take into account an increase in imports and a decline in the proportion of the domestic market supplied by domestic producers regardless of whether the imports are attributable to domestic producers in the industry.
Requires the ITC, in determining the domestic industry producing an article like or directly competitive with an imported article, to treat as part of the domestic industry only the domestic production of a domestic producer which also imports.
Defines the term "significant idling of productive facilities" to mean a decline in domestic production, the closing of plants, or the underutilization of production capacity.
Prohibits the ITC, from taking into account in determining whether increased imports are a substantial cause of or a threat of serious injury to a competing domestic industry: (1) the probable effectiveness of import relief and consideration of the position of the industry in the U.S. economy; (2) the effect of import relief on consumers and on competition in the domestic markets for such articles; (3) the effect of import relief on U.S. international economic interests; or (4) the effect on U.S. industries and firms of tariff changes or other import restrictions which may result from international obligations with respect to compensation.
Declares that an ITC finding that a significant number of domestic firms operate at a reasonable level of profit or that the profits of the domestic industry are not in a downward trend shall not preclude an ITC determination that increased imports are a substantial cause of or threat of serious injury to such domestic industry.
Requires that the importation of any articles by domestic producers in an industry shall be a factor supporting the existence of or the threat of serious injury to such industry.
Introduced in Senate
Read twice and referred to the Committee on Finance.
Committee on Finance requested executive comment from OMB, International Trade Commission, Office of the U.S. Trade Representative, Treasury Department, State Department, Commerce Department, Agriculture Department.
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