Law360, New York ( May 22, 2015, 10:26 AM EDT) -- Trade relief from imports that are dumped (illegally priced) or benefit from illegal subsidies requires an affirmative determination of material injury or threat of material injury from the U.S. International Trade Commission.[1] This proceeding is entirely distinct from the U.S. Department of Commerce's determinations respecting dumping or countervailing duty margins.[2] A fundamental principle of the commission's consideration of material injury issues is that such determinations are sui generis, meaning that each investigation is unique and particular to the totality of factual findings made by the commission. Nevertheless, the statute provides specific guidance on consideration of volume and price effects. Moreover, the statutory threshold of injury necessary to establish material injury is, at least on its face, a low one. Material injury means "harm which is not inconsequential, immaterial or unimportant."[3] The U.S. Court of Appeals for the Federal Circuit confirmed that an affirmative determination is warranted when the effects of subject imports are "not merely incidental, tangential or trivial."[4] Whether the commission, in fact, applies a stricter standard is a matter of considerable discussion.[5] But it is apparent that commission factual findings will continue to receive a high level of deference from the commission's reviewing courts.[6]...