Page:United States Statutes at Large Volume 102 Part 2.djvu/201

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1205

SEC. 1327. LEASES EQUIVALENT TO SALES.

Section 771 (19 U.S.C. 1677) is amended by adding at the end thereof the followii^ new paragraph: "(19) EQUIVALENCY OP LEASES TO SALES.—In determining whether a lease is equivalent to a sale for purposes of this title, the administering authority shall consider— "(A) the terms of the lease, "(B) commercial practice within the industry, "(C) the circumstances of the transaction, "(D) whether the product subject to the lease is in' t^rated into the operations of the lessee or importer, (E) whether in practice there is a likelihood that the lease will be continued or renewed for a significant period of time, and "(F) other relevant factors, including whether the lease transaction would permit avoidance of antidumping or countervailii^ duties.". SEC 1328. MATERIAL INJURY.

Section 771(7) (19 U.S.C. 1677(7)) is amended— (1) by amending subparagraph (B) to read as follows: "(B) VOLUME AND CONSEQUENT IMPACT.—In making deter-

minations under sections 703(a), 705(b), 733(a), and 735(b), the Commission, in each case— "(i) shall consider— "(I) the volume of imports of the merchandise which is the subject of the investigation, "(II) the effect of imports of that merchandise on prices in the United States for like products, and "(IQ) the impact of imports of such merchandise on domestic producers of like products, but only in the context of production operations within the United States; and "(ii) may consider such other economic factors as are relevant to the determination regarding whether there is material injury by reason of imports. In the notification required under section 705(d) or 735(d), as the case may be, the Commission shall explain its analysis of each factor considered under clause (i), and identify each factor considered under clause (ii) and explain in full its relevance to the determination."; and (2) by amending subparagraph (CO^ (A) by amending the neaiding to read as follows: "(Q EVALUATION OP RELEVANT PACTORS.—",

(B) by striking out "price undercutting" in clause (ii) and inserting "price underselling", and (C) by amending clause (iii) to read as follows: (iii) IMPACT ON APPECTED DOMESTIC INDUSTRY.—In

examining the impact required to be considered under subparagraph (B)(iii), the (Commission shall evaluate all relevant economic factors which have a bearing on the stete of the industry in the United Stotes, including, but not limited to— "(I) actual and potential decline in output, sales, market share, profits, productivity, return on investments, and utilization of capacity, "dD factors affecting domestic prices.