Common use of Threat of material injury Clause in Contracts

Threat of material injury. (i) In general (I) if a countervailable subsidy is in- volved, such information as may be pre- sented to it by the administering author- ity as to the nature of the subsidy (par- ticularly as to whether the counter- vailable subsidy is a subsidy described in Article 3 or 6.1 of the Subsidies Agree- ment), and whether imports of the sub- ject merchandise are likely to increase, (II) any existing unused production ca- pacity or imminent, substantial increase in production capacity in the exporting country indicating the likelihood of sub- stantially increased imports of the sub- ject merchandise into the United States, taking into account the availability of other export markets to absorb any addi- tional exports, (III) a significant rate of increase of the volume or market penetration of im- ports of the subject merchandise indicat- ing the likelihood of substantially in- creased imports, (IV) whether imports of the subject merchandise are entering at prices that are likely to have a significant depress- ing or suppressing effect on domestic prices, and are likely to increase demand for further imports, (V) inventories of the subject xxxxxxx- xxxx, (VI) the potential for product-shifting if production facilities in the foreign country, which can be used to produce the subject merchandise, are currently being used to produce other products, (VII) in any investigation under this subtitle which involves imports of both a raw agricultural product (within the meaning of paragraph (4)(E)(iv)) and any product processed from such raw agricul- tural product, the likelihood that there will be increased imports, by reason of product shifting, if there is an affirma- tive determination by the Commission under section 1671d(b)(1) or 1673d(b)(1) of this title with respect to either the raw agricultural product or the processed ag- ricultural product (but not both), (VIII) the actual and potential nega- tive effects on the existing development and production efforts of the domestic industry, including efforts to develop a derivative or more advanced version of the domestic like product, and TITLE 19—CUSTOMS DUTIES (IX) any other demonstrable adverse trends that indicate the probability that there is likely to be material injury by reason of imports (or sale for importa- tion) of the subject merchandise (wheth- er or not it is actually being imported at the time).

Threat of material injury. (i) In general (I) if a countervailable subsidy is in- volved, such information as may be pre- sented to it by the administering author- ity as to the nature of the subsidy (par- ticularly as to whether the counter- vailable countervailable subsidy is a subsidy described de- scribed in Article 3 or 6.1 of the Subsidies Agree- mentAgreement), and whether imports of the sub- ject subject merchandise are likely to increasein- crease, (II) any existing unused production ca- pacity or imminent, substantial increase in production capacity in the exporting country indicating the likelihood of sub- stantially increased imports of the sub- ject merchandise into the United States, taking into account the availability of other export markets to absorb any addi- tional exports, (III) a significant rate of increase of the volume or market penetration of im- ports of the subject merchandise indicat- ing indi- cating the likelihood of substantially in- creased imports, (IV) whether imports of the subject merchandise are entering at prices that are likely to have a significant depress- ing or suppressing effect on domestic prices, and are likely to increase demand for further imports, (V) inventories of the subject xxxxxxx- xxxx, (VI) the potential for product-shifting if production facilities in the foreign country, which can be used to produce the subject merchandise, are currently being used to produce other products, (VII) in any investigation under this subtitle which involves imports of both a raw agricultural product (within the meaning of paragraph (4)(E)(iv)) and any product processed from such raw agricul- tural product, the likelihood that there will be increased imports, by reason of product shifting, if there is an affirma- tive determination by the Commission under section 1671d(b)(1) or 1673d(b)(1) of this title with respect to either the raw agricultural product or the processed ag- ricultural product (but not both), (VIII) the actual and potential nega- tive effects on the existing development and production efforts of the domestic industry, including efforts to develop a derivative or more advanced version of the domestic like product, and TITLE 19—CUSTOMS DUTIESand (IX) any other demonstrable adverse trends that indicate the probability that there is likely to be material injury by reason of imports (or sale for importa- tion) of the subject merchandise (wheth- er or not it is actually being imported at the time).