108 STAT. 4872 PUBLIC LAW 103-465—DEC. 8, 1994 "(A) IN GENERAL. — "(i) LESS THAN 3 PERCENT.— Except as provided in clauses (ii) and (iv), imports from a countiy of merchandise corresponding to a domestic Uke product identified by the Commission are 'neghgible' if such imports account for less than 3 percent of the volimie of all such merchandise imported into the United States in the most recent 12-month period for which data are available that precedes— "(I) the filing of the petition under section 702(b) or 732(b), or "(II) the initiation of the investigation, if the investigation was initiated under section 702(a) or 732(a).
- (ii) EXCEPTION. — Imports that would otherwise be
negligible under clause (i) shall not be negligible if the aggregate volimie of imports of the merchandise fix)m all countries described in clause (i) with respect to which investigations were initiated on the same day exceeds 7 percent of the volume of all such merchandise imported into the United States during the applicable 12-month period. "(iii) DETERMINATION OF AGGREGATE VOLUME.—In determining aggregate volume under clause (ii) or (iv), the Commission snaU not consider imports fix>m any country specified in paragraph (7)(G)(ii). "(iv) NEGUGIBILITY IN THREAT ANALYSIS.— Notwithstanding clauses (i) and (ii), the Commission shall not treat imports as negligible if it determines that there is a potential that imports fi:t)m a country described in clause (i) will imminently account for more than 3 percent of the volume of all such merchandise imported into the United States, or that the aggregate volnmes of imports fit)m all countries described in clause (ii) will imminentlv exceed 7 percent of the volume of all such merchandise imported into the United States. The Commission shall consider such imports only for purposes of determining threat of material injury. "(B) NEGLIGIBILITY FOR CERTAIN COUNTRIES IN couNTERVAiliNG DUTY INVESTIGATIONS. —In the case of an investigation under section 701, subparagraph (A) shall be applied to imports of subject merchandise from developing countries by substituting *4 percent* for *3 percent' in subparagraph (A)(i) and by substituting *9 percent' for
- 7 percent* in subparagraph (A)(ii).
"(C) COMPUTATION OF IMPORT VOLUMES. —In computing import volumes for purposes of subparagraphs (A) and (B), the Commission may make reasonable estimates on the basis of available statistics. "(D) REGIONAL INDUSTRIES.— In an investigation in which the Commission makes a regioned industry determination under paragraph (4)(C), the Commissions exEunination under subparagraphs (A) and (B) shall be based upon the volume of subject merchandise exported for sale in the regional market in lieu of the volume of all subject merchandise imported into the United States.".
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