according to the type of graphic paper. For example, coated groundwood paper is more likely than CFSP to be sold directly to end users.34
Common Manufacturing Facilities, Production Processes, and Production Employees. Although the same paper machine can be used to make either CFSP or coated groundwood paper, few producers reported the capacity to produce both products.35 Machines used to make CFSP are occasionally used to make uncoated freesheet paper.36 The production processes for CFSP and coated groundwood paper are similar, but different types of pulp are used.
Customer and Producer Perceptions. Customers and producers generally view CFSP as distinct from other graphic paper products. For example, customers regard CFSP as more suited than coated groundwood paper to prestige applications, such as annual reports and high-end catalogues.37
Price. CFSP is generally more expensive than other types of graphic papers. The price of CFSP is reported to be approximately 10 percent higher than that of coated groundwood paper, and 20-40 percent higher than the price of uncoated free sheet paper.38
Conclusion. No party in these preliminary phase investigations has advocated defining the domestic like product other than as a single like product coextensive with the scope. There appear to be clear dividing lines – primarily in terms of physical characteristics and uses, interchangeability, customer and producer perceptions, and price – that distinguish CFSP as a domestic like product separate from other forms of graphic papers. Accordingly, we find that there is a single domestic like product coextensive with the scope of these investigations.
The domestic industry is defined as the “producers as a [w]hole of a domestic like product, or those producers whose collective output of a domestic like product constitutes a major proportion of the total domestic production of the product.”39 In defining the domestic industry, the Commission’s general practice has been to include in the industry all domestic production of the domestic like product, whether toll-produced, captively consumed, or sold in the domestic merchant market.40 Based on our finding that the domestic like product is CFSP, for purposes of these preliminary determinations, we find that the domestic industry consists of all known domestic producers of this product.
We must determine whether any producer of the domestic like product should be excluded from the domestic industry pursuant to 19 U.S.C. § 1677(4)(B), which allows the Commission, if appropriate circumstances exist, to exclude from the domestic industry producers that are related to an exporter or importer of subject merchandise or which are themselves importers. Exclusion of such a producer is within the Commission’s discretion based upon the facts presented in each investigation.
CR at I-20, PR at I-13.
CR at I-15-16, PR at I-11.
CR at I-16, PR at I-11.
CR at I-17-19, PR at I-12-13.
CR at I-21, PR at I-14.
19 U.S.C. § 1677(4)(A).
40 United States Steel Group v. United States, 873 F. Supp. 673, 681-84 (Ct. Int’l Trade 1994), aff’d, 96 F.3d 1352 (Fed. Cir. 1996).