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Like Product Determinations |
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A petitioner must also clearly identify the domestic like product, that is "a product that is
like, or in the absence of like, most similar in characteristics and uses with, the article
subject to an investigation under this title." |
| • | In other words, the domestic like product is the product produced in the United States
which is most similar to the foreign product covered under the scope of the investigation. |
| • | A petition must be filed on behalf of and have the support of the industry producing the
domestic like product before the Department can initiate an investigation. |
| • | Both the ITC and the Department are required to make like product determinations but do
so for different purposes and pursuant to different statutory authorities. |
| • | The Department makes its like product determination early in the investigation - during
the initiation phase - in the context of analyzing industry support. |
| • | On the other hand, the ITC makes its like product determination during the course of the
proceeding and on the basis of six criteria, including: (i) physical characteristics and uses of the merchandise; (ii)interchangeability; (iii) channels of distribution; (iv) common manufacturing facilities, production processes, and employees; (v) customer and producers’ perceptions; and (vi) price. |
| • | Since the Department makes its like product determination during the initiation phase, the
Department has much less time than the ITC to make its determination and it does so on
the basis of a different, and less complete record. |
| • | Although these factors "may result in different definitions of the like product, such
differences do not render the decision of either agency contrary to law." See Vector Supercomputers; Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 642-44 (CIT 1988); and High Information Content Flat Panel Displays and Display Glass from Japan: Final Determination; Recision of Investigation and Partial Dismissal of Petition, 56 Fed. Reg. 32376, 3270-81, (July 16, 1991).
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