108 STAT. 4870 PUBLIC LAW 103-465—DEC. 8, 1994 producers within a region who are treated as a sepsirate industry under this subparagraph.". (b) IMPACT ON AFFECTED DOMESTIC INDUSTRY. — (1) IN GENERAL.— Section 771(7)(C)(iii) (19 U.S.C. 1677(7)(C)(iii)) is amended— (A) by striking "and" at the end of subclause (III), and (B) by striking the period at the end of subclause (IV) and inserting ", and "(V) in a proceeding under subtitle B, the magnitude of the margin of dumping.". (2) CAPTIVE PRODUCTION.— Section 771(7)(C) (19 U.S.C. 1677(7)(C)) is amended by striking clause (iv) and inserting the following: " (iv) CAPTIVE PRODUCTION. — If domestic producers internally transfer significant production of the domestic like product for the production of a downstream article and sell significant production of the domestic like product in the merchant market, and the Commission finds that— "(I) the domestic like product produced that is internally transferred for processing into that downstream article does not enter the merchant market for the domestic like product, "(II) the domestic Uke product is the predominant material input in the production of that downstream article, and "(III) the production of the domestic like product sold in the merchjint market is not generally used in the production of that downstresim article, then the Commission, in determining market share and the factors affiecting financial performance set forth in clause (iii), shall focus primarily on the merchant market for the domestic like product.". (3) TECHNICAL CORRECTION.—Section 771(7)(C)(iii) is amended by striking "subparagraph (B)(iii)" and inserting "subparagraph (B)(pail). (c) DETERMINATION OF THREAT OF INJURY.— Clauses (i) and (ii) of section 771(7)(F) (19 U.S.C. 1677(7)(F)(i) and (ii)) are amended to read as follows: "(i) IN GENERAL.—In determining whether an industry in the United States is threatened with material injury by reason of imports (or sales for importation) of the subject merchandise, the Commission shall consider, among other relevant economic factors— "(I) if a countervailable subsidy is involved, such information as may be presented to it by the administering authority as to the nature of the subsidy (psurticulsirly as to whether the countervailable subsidy is a subsidy described in Article 3 or 6.1 of the Subsidies Agreement), and whether imports of the subject merchandise are likely to increase, (II) any existing unused production capacity or inuninent, substantial increase in production capacity in the exporting country indicating the likelihood of substantially increased imports of the
�
