How can “material injury” be proved?
Under the WTO Anti-dumping agreement, the following elements must be examined to determine material injury: significant increase in dumped imports, either in absolute terms or relative to production or consumption; significant price undercutting or price depression caused by the dumped imports; relevant economic factors having a bearing on the state of the domestic industry, such as decline in sales, profits, output, market share, productivity, return on investment, employment, wages, growth and the margin of dumping (that is, the difference between normal value and export price). A determination of threat of material injury shall be based on facts and not merely on allegation, conjecture or remote possibility. A situation in which dumping would cause injury must be clearly foreseen and imminent–for example, the likelihood of substantially increased dumped imports due to a substantial increase in the capacity of the exporter. As in the case of dumping, the domestic industry must submi
