Section 12Sec./Art. 12

Determination of Serious In jury or Threat Thereof.-In reaching a positive determination that the increase in the importation of the product under consideration is causing serious injury or threat thereof to a domestic industry producing like products or directly competitive products , all relevant factors having a bearing on the situation of the domestic industry shall be evaluated. These shall include, in particular, in ports of the products concerned in absolute and relative terms, the shared of the domestic market taken by the increased imports, and changes in the level of sales production, productivity, capacity and employment.

Such positive determination shall not be made unless the investigation demonstrates, on the basis of objective evidence, the existence of the causal link between the increased imports of the product under consideration con serious injury or threat thereof to the domestic industry. When factors other than increased import are causing injury, such injury shall not be attributed to increased imports other than increased imports are causing jury shall not be attributed to increased imports