(ii) in paragraph (3)(A), by striking 
‘‘and (G)’’ and inserting ‘‘(G), or (H)’’; 
and 
(iii) in paragraph (4)— 
(I) in subparagraph (A), by strik-
ing ‘‘or (B)’’ and inserting ‘‘, (B), or 
(H)’’; and 
(II) in subparagraph (B), by in-
serting 
‘‘described 
in 
section 
771(9)(A) or (B)’’ after ‘‘an inter-
ested party’’; and 
(C) in subsection (d)(2)(B), by inserting 
before the period the following: ‘‘and that con-
tinuation of the order, finding, or investigation, 
as the case may be, would result in greater ben-
efits to the United States industry than harm 
to United States industrial users’’. 
(17) Section 752(a)(1) (19 U.S.C. 1675a(a)(1)) 
is amended— 
(A) in the first sentence, by inserting be-
fore the period the following: ‘‘, and, if so, 
whether continuation of the order or investiga-
tion, as the case may be, would result in greater 
benefits to the United States industry than 
harm to United States industrial users’’; and
(B) in the second sentence, by inserting 
‘‘and on United States industrial users’’ after 
‘‘industry’’. 
(18) Section 753(a)(1) (19 U.S.C. 1675b(a)(1)) 
is amended— 
(A) by striking ‘‘or (G)’’ and inserting 
‘‘(G), or (H)’’; and 
(B) by inserting before the period the fol-
lowing: ‘‘, and, if so, whether imposition of the 
countervailing duty would result in greater ben-
efits to the United States industry than harm 
to United States industrial users’’. 
(19) Section 771 (19 U.S.C. 1677(9)) is 
amended— 
(A) in paragraph (9)— 
(i) in subparagraph (F), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (G), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(H) a United States industrial user, or a 
trade or business association a majority of
whose members are United States industrial 
users.’’; and 
(B) by inserting after paragraph (9) the 
following: 
‘‘(9A) UNITED
STATES
INDUSTRIAL
USER.— 
The term ‘United States industrial user’ means a 
manufacturer or producer that uses subject mer-
chandise or a domestic like product in the manufac-
ture or production of any product in the United 
States.’’. 
(20) Section 771 (19 U.S.C. 1677) is amended 
by adding at the end the following new paragraph: 
‘‘(37) EVALUATION OF BENEFITS TO UNITED 
STATES INDUSTRY AND HARM TO UNITED STATES 
INDUSTRIAL
USERS.—In considering the potential 
benefits to the industry in the United States materi-
ally injured or threatened with material injury (in 
this paragraph referred to as the ‘United States in-
dustry’), and harm to United States industrial users, 
from the imposition or continuation of antidumping 
or countervailing duties under sections 701(a), 
703(a), 705(b), 731, 733(a), 735(b), 751(b), 751(c), 
751(d), 752(a), and 753(a), the Commission shall 
weigh harm to United States industrial users as a 
whole, taking into account the following factors:
‘‘(A) Likely harm to United States indus-
trial users from declines in output, sales, mar-
ket share, profits, productivity, return on in-
vestments, and utilization of capacity in the 
production of downstream products, compared 
to likely benefits to the United States industry 
with respect to those factors. 
‘‘(B) Likely harm to United States indus-
trial users from negative impact on cash flow, 
inventories, employment, wages, growth, ability 
to raise capital, and investment, compared to 
likely benefits to the United States industry 
with respect to those factors. 
‘‘(C) Likely negative effects on the existing 
development and production efforts of United 
States industrial users, including efforts to de-
velop a derivative or more advanced version of 
their products for manufacture or production in 
the United States, compared to likely benefits 
to the United States industry with respect to 
those factors. 
‘‘(D) The effect of increased costs or prices 
for the subject merchandise and domestic like 
products and reduced availability of the subject 
merchandise and domestic like products on the
competitiveness of United States industrial 
users located in the market, including the ex-
tent to which United States industrial users 
and their customers would be able to pass on 
additional costs resulting from antidumping and 
countervailing duties, compared to likely bene-
fits to the United States industry with respect 
to those factors. 
‘‘(E) Such other economic factors as the 
Commission determines are relevant to the po-
tential impact of the imposition or continuation 
of duties, as the case may be, on the United 
States industry and on United States industrial 
users. 
The Commission may determine harm to United 
States industrial users only if United States indus-
trial users have presented credible evidence of such 
harm.’’. 
(21) Section 777(h) (19 U.S.C. 1677f(h)) is 
amended— 
(A) by striking ‘‘AND INDUSTRIAL USERS’’ 
in the subsection heading; and 
(B) by striking ‘‘for industrial users of the 
subject merchandise and, if the merchandise’’
and inserting ‘‘, if the subject merchandise or 
a domestic like product’’. 
(22) 
Section 
782(i)(3)(A) 
(19 
U.S.C. 
1677m(i)(3)(A)) is amended by striking ‘‘or (G)’’ 
and inserting ‘‘(G), or (H)’’. 
Æ