Common use of Regional industries Clause in Contracts

Regional industries. In appropriate circumstances, the United States, for a particular product market, may be divided into 2 or more markets and the producers within each market may be treat- ed as if they were a separate industry if— (i) the producers within such market sell all or almost all of their production of the domestic like product in question in that market, and (ii) the demand in that market is not supplied, to any substantial degree, by pro- ducers of the product in question located elsewhere in the United States. In such appropriate circumstances, material injury, the threat of material injury, or ma- terial retardation of the establishment of an industry may be found to exist with respect to an industry even if the domestic industry as a whole, or those producers whose collec- tive output of a domestic like product con- stitutes a major proportion of the total do- mestic production of that product, is not in- jured, if there is a concentration of dumped imports or imports of merchandise benefit- ing from a countervailable subsidy into such an isolated market and if the producers of all, or almost all, of the production within that market are being materially injured or threatened by material injury, or if the es- tablishment of an industry is being materi- ally retarded, by reason of the dumped im- ports or imports of merchandise benefiting from a countervailable subsidy. The term ‘‘regional industry’’ means the domestic pro- ducers within a region who are treated as a separate industry under this subparagraph.

Regional industries. In appropriate circumstances, the United States, for a particular product market, may be divided into 2 or more markets and the producers within each market may be treat- ed as if they were a separate industry if— (i) the producers within such market sell all or almost all of their production of the domestic like product in question in that market, and (ii) the demand in that market is not supplied, to any substantial degree, by pro- ducers of the product in question located elsewhere in the United States. In such appropriate circumstances, material injury, the threat of material injury, or ma- terial retardation of the establishment of an industry may be found to exist with respect to an industry even if the domestic industry as a whole, or those producers whose collec- tive output of a domestic like product con- stitutes a major proportion of the total do- mestic production of that product, is not in- jured, if there is a concentration of dumped imports or imports of merchandise benefit- ing bene- fiting from a countervailable subsidy into such an isolated market and if the producers of all, or almost all, of the production within that market are being materially injured or threatened by material injury, or if the es- tablishment of an industry is being materi- ally retarded, by reason of the dumped im- ports or imports of merchandise benefiting from a countervailable subsidy. The term ‘‘regional industry’’ means the domestic pro- ducers within a region who are treated as a separate industry under this subparagraph.