Page:United States Statutes at Large Volume 98 Part 3.djvu/662

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 3034

19 USC 1671, l^"^^167^^ ^^^^^' ® '

PUBLIC LAW 98-573—OCT. 30, 1984 "(IV) the probability that imports of the merchandise will enter the United States at prices that will have a depressing or suppressing effect on domestic prices of the merchandise, "(V) any substantial increase in inventories of the merchandise in the United States, "(VI) the presence of underutilized capacity for producing the merchandise in the exporting country, "(VII) any other demonstrable adverse trends that indicate the probability that the importation (or sale for importation) of the merchandise (whether or not it is actually being imported at the time) will be the cause of actual injury, and "(VIII) the potential for product-shifting if production facilities owned or controlled by the foreign manufacturers, which can be used to produce products subject to investigation(s) under section 701 or 731 or to find orders under section 706 or 736, are also used to produce the merchandise under investigation. "(ii) BASIS FOR DETERMINATION.—Any determination

by the Commission under this title that an industry in the United States is threatened with material injury shall be made on the basis of evidence that the threat of material injury is real and that actual injury is imminent. Such a determination may not be made on the basis of mere conjecture or supposition." (3) Paragraph (9) is amended— (A) by striking out "and" at the end of subparagraph (D); (B) by striking out the period at the end of subparagraph (E) and inserting in lieu thereof ", and"; and (C) by adding at the end thereof the following new subparagraph: "(F) an association, a majority of whose members is composed of interested parties described in subparagraph (C), (D), or (E) with respect to a like product.". (4) Paragraph (14) is amended by striking out "at wholesale" and inserting in lieu thereof "in commercial quantities". (5) Paragraph (17) is amended by striking out "wholesale quantities each place it appears in the heading and the text and inserting in lieu thereof commercial quantities". (b)(1) Section 514(a) (19 U.S.C. 1514(a)) is amended by striking out "771(9)(C), (D), and (E) of this Act." and inserting in lieu thereof "771(9)(C), (D), (E), and (F) of this Act.". (2) Sections 704(g)(2) and (h)(1) and 734 (g)(2) and (h)(1) (19 U.S.C. 1671c (g)(2) and (h)(1) and 1673c (g)(2) and (h)(1)) are each amended by striking out "(C), (D), or (E)" and inserting in lieu thereof "(C), (D), (E), and (F)". (3) Section 2631(k)(2) of title 28, United States Code, is amended— (A) by striking out "and" at the end of subparagraph (C), (B) by striking out the period at the end of subparagraph (D), and inserting in lieu thereof ", and", and (C) by adding at the end thereof the following new subparagraph: "(E) an association composed of members who represent parties-at-interest described in subparagraph (B), (C), or (D).".