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Coated Free Sheet Paper From China, Indonesia, and Korea - page 44 / 198

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increase in that volume, either in absolute terms or relative to production or consumption in the United States is significant. ... In evaluating the effect of imports of such merchandise on prices, the Commission shall consider whether . . . (I) there has been significant price underselling by the imported merchandise as compared with the price of domestic like products of the United States, and (II) the effect of imports of such merchandise otherwise depresses prices to a significant degree or prevents price increases, which otherwise would have occurred, to a significant degree.

... In examining the impact required to be considered under subparagraph (B)(i)(III), the Commission shall evaluate (within the context of the business cycle and conditions of competition that are distinctive to the affected industry) all relevant economic factors which have a bearing on the state of the industry in the United States, including, but not limited to . . . (I) actual and potential declines in output, sales, market share, profits, productivity, return on investments, and utilization of capacity, (II) factors affecting domestic prices, (III) actual and potential negative effects on cash flow, inventories, employment, wages, growth, ability to raise capital, and investment, (IV) actual and potential negative 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 (V) in {an antidumping investigation}, the magnitude of the margin of dumping.

Information on the subject merchandise, alleged margins of dumping and subsidies, and domestic like product is presented in Part I. Information on conditions of competition and other relevant economic factors is presented in Part II. Part III presents information on the condition of the U.S. industry, including data on capacity, production, shipments, inventories, and employment. The volume and pricing of imports of the subject merchandise are presented in Parts IV and V, respectively. Part VI presents information on the financial experience of U.S. producers. The statutory requirements and information obtained for use in the Commission’s consideration of the question of threat of material injury are presented in Part VII.

THE U.S. COATED FREE SHEET PAPER MARKET

Petitioner NewPage is one of several producers of CFS paper in the United States. CFS paper represents *** percent of NewPage’s annual sales in the facilities where it manufactures CFS paper. The subject merchandise is imported by a number of mill agents, independent brokers, and paper merchants. Some of the importers (mill agents, in particular) are related to subject manufacturers of CFS paper.

Approximately *** producers manufacture CFS in China, although the majority do not export subject merchandise to the United States. The Indonesian industry, in comparison, is much smaller, consisting of only two producers of substantial size. Several companies manufacture CFS paper in Korea; *** reported exporting subject merchandise to the United States during the period examined.

Most sales of both domestically produced and imported CFS paper are made to paper merchants. Paper merchants, in turn, typically sell directly to end users, a substantial portion of which are commercial printers. Other leading markets are direct mail, catalogues, books, magazines, and labels and wraps.

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