Full opinion text
Opinion & Order CARMAN, Judge. This consolidated matter is before the Court on several motions for judgment upon the agency record brought by plaintiffs/plaintiff-intervenors Nucor Corporation (“Nucor”), Steel Dynamics, Inc. (“SDI”), AK Steel Corporation (“AK Steel”) (together the “Joint Plaintiffs”), and United States Steel Corporation (“USS”), along with consolidated plaintiffs ThyssenKrupp Steel, AG, ThyssenKrupp N.A., Inc., and Salzgitter AG Stahl und Technologie (together the “German Plaintiffs”) pursuant to U.S. CIT Rule 56.2. Joint Plaintiffs, USS, and German Plaintiffs respectively challenge particular aspects of the final determination by the United States International Trade Commission (“ITC” or “Commission”) in certain five-year sunset reviews pursuant to 19 U.S.C. §§ 1675(c), 1675a(a) (2000) concerning corrosion-resistant carbon steel products from Australia, Canada, France, Germany, Japan, and Korea. JFE Steel Corporation, Kobe Steel, Ltd., Nippon Steel Corporation, Nisshin Steel Co., Ltd., Sumitomo Metal Industries, Ltd., Blue-Scope Steel Limited, BlueScope Steel Americas LLC, ArcelorMittal Dofasco Inc., and ArcelorMittal USA Inc. participated as Defendanb-Intervenors in this consolidated action. Finally, Chrysler LLC, Ford Motor Company, General Motors Corporation, Honda of America Mfg., Inc., Honda Trading America Corporation, Mercedes-Benz U.S. International, Inc., Nissan North America, Inc., and Toyota Motor North America, Inc. (together, the “Auto Producers”) participated as Amici Cuñas in support of the ITC’s determination pertaining to its decision on Australia, Canada, France and Japan. Jurisdiction The Court has jurisdiction pursuant to 28 U.S.C. § 1581(c) (2000) and 19 U.S.C. § 1516a(a)(2)(A)(i)(I) and (B)(iii) (2000). Background This consolidated matter stems from several appeals of the ITC’s second sunset review determination, for the period of review (“POR”) 2000 to 2005, concerning corrosion-resistant carbon steel products (“CoRe steel” or “subject imports”) from Australia, France, Japan, Germany, Korea and Canada. Certain Carbon Steel Products From Australia, Belgium, Brazil, Canada, Finland, France, Germany, Japan, Korea, Mexico, Poland, Romania, Spain, Sweden, Taiwan, and the United Kingdom, Inv. Nos. AA1921-197 (2d Review); 701-TA-319,320,325-327,348, and 350 (2d Review); and 731-TA-573, 574, 576, 578, 582-587, 612, and 614-618 (2d Review), USITC Pub. No. 3899 (January 2007) (C.R. 831 or P.R. 940) (“2007 Commission Views”). In 1993, the ITC found that unfairly-traded imports of corrosion-resistant CoRe steel from Australia, Canada, France, Germany, Japan and Korea were causing material injury to the domestic industry. See Certain Flap-Rolled Carbon Steel Products from Argentina, Australia, Austria, Belgium, Brazil, Canada, Finland, France, Germany, Italy, Japan, Korea, Mexico, the Netherlands, New Zealand, Poland, Romania, Spain, Sweden, and the United Kingdom, USITC Pub. 2664, Inv. Nos. 701-TA-319-332,334, 336-342, 344 and 347-353 (Final) and Inv. Nos. 731-TA-573-579, 581-592, 594-597, 599-609 and 612-619 (Final) (Aug.1993) (P.R. 137) (“1993 Determination”). As a result, the Department of Commerce published countervailing duty (“CVD”) orders on CoRe steel from France and Korea and anti-dumping duty (“ADD”) orders on CoRe steel from Australia, Canada, France, Germany, Japan and Korea. See 2007 Sunset Review Information at OVERVIEW-3 (P.R. 941). In 2000, the ITC conducted its first five-year sunset reviews of these orders. In this first sunset review, inter alia, the ITC exercised its discretion to cumulate all subject imports together. See Certain Carbon Steel Products from Australia, Belgium, Brazil, Canada, Finland, France, Germany, Japan, Korea, Mexico, The Netherlands, Poland, Romania, Spain, Sweden, Taiwan, and The United Kingdom, USITC Pub. 3364, Inv. Nos. AA 1921-197 (Review), 701-TA-231, 319-320, 322, 325-328, 340, 342, and 348-350 (Review), and 731-TA-573-576, 578, 582-587, 604, 607-608, 612, and 614-618 (Review) (Nov.2000) at 47 (P.R. 124) (“2000 Sunset Determinations”). The ITC also found that revocation of the ADD/CVD orders would result in the continuation or recurrence of material injury. Id. at 58. Consequently, the ADD and CVD orders continued. On November 1, 2005, the ITC instituted a second five-year sunset review of these orders. See Certain Carbon Steel Products From Australia, Belgium, Brazil, Canada, Finland, France, Germany, Japan, Korea, Mexico, Poland, Romania, Spain, Sweden, Taiwan, and United Kingdom, 70 Fed.Reg. 62,324 (Oct. 31, 2005); see also 2007 Sunset Review Information at OVERVIEW-1 (P.R. 941). On February 6, 2006, the ITC decided to conduct full reviews pursuant to section 751(c)(5) of the Tariff Act of 1930, 19 U.S.C. § 1675(c)(5). See Certain Carbon Steel Products From Australia, Belgium, Brazil, Canada, Finland, France, Germany, Japan, Korea, Mexico, Poland, Romania, Spain, Sweden, Taiwan, and the United Kingdom, 71 Fed.Reg. 8,874 (Feb. 21, 2006). All parties engaged in this lawsuit actively participated in all stages of these reviews. On December 14, 2006, the Commission voted, and by a vote of four to two (4 to 2) determined that revocation of the orders on CoRe steel from Australia, Canada, France and Japan would not be likely to lead to continuation or recurrence of material injury to the domestic industry (ie., a negative determination). 2007 Commission Views at 1 (P.R. 940). The ITC unanimously decided, however, that revocation of the orders on CoRe steel from Germany and Korea would be likely to lead to a continuation or recurrence of material injury to the domestic industry (ie., an affirmative determination.) Id. The ITC also decided on a subsidiary preliminary issue, by a vote of four to two (4 to 2), to cumulate the subject imports into two groups: (i) Australia, France and Japan; and (ii) Germany and Korea. Id. at 106. With respect to Canada, the ITC decided not to cumulate Canadian CoRe steel imports with any of the subject imports from the other countries. Id. These final determinations were published in the Federal Register on January 31, 2007. Certain Carbon Steel Products From Australia, Belgium, Brazil, Canada, Finland, France, Germany, Japan, Korea, Mexico, Poland, Romania, Spain, Sweden, Taiwan, and the United Kingdom, 72 Fed. Reg. 4,529 (Int’l Trade Comm’n Jan. 31, 2007) (P.R. 932) (“Final Sunset Determination”). Plaintiffs/Plaintiff-Intervenors/Consoli-dated Plaintiffs subsequently filed separate appeals to the U.S. Court of International Trade (“CIT”) (Case Nos. 07-00071, 07-00075, 07-00076, and 07-00087), which were consolidated under this action (Con-sol. Case No. 07-00071) on September 7, 2007, challenging, inter alia, the following agency determinations: (1) the ITC’s decision to cumulate the subject imports into two separate groups — Australia/France/Japan and Germany/Korea; (2) its negative determination with respect to CoRe steel from Australia, France & Japan; (3) its negative determination with respect to CoRe steel from Canada, particularly its determination that the volume of Canadian imports would not be significant if the orders were revoked; (4) the ITC’s decision to cumulate German CoRe steel imports with Korean CoRe steel imports; (5) the ITC’s affirmative determination with respect to imports of CoRe steel from Germany and Korea; and finally (6) whether the ITC was required to apply an analysis pursuant to the U.S. Court of Appeals for the Federal Circuit’s (“CAFC”) opinion in Bratsk Aluminium Smelter v. United States, 444 F.3d 1369 (Fed.Cir.2006). Oral argument on these motions was held before this Court on November 5, 2008 in a partially-closed, partially-public session, due to the abundance of business proprietary information throughout the parties’ argument. Standard op Review The court is required to uphold a sunset review determination by the ITC unless it is “unsupported by substantial evidence on the record, or otherwise not in accordance with law.” 19 U.S.C. § 1516a(b)(1)(B)(i) (2000). A party “challenging the ITC’s determination under the substantial evidence standard ‘has chosen a course with a high barrier to reversal.’ ” Nippon Steel Corp. v. United States, 458 F.3d 1345, 1358 (Fed.Cir.2006) (internal citations omitted). “Substantial evidence is more than a mere scintilla,” it is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Consol. Edison Co. v. N.L.R.B., 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938) (citing Appalachian Elec. Power Co. v. N.L.R.B., 93 F.2d 985, 989 (4th Cir.1938)). There must be “[a] rational connection between the facts found and the choice made” in an agency determination if it is to be characterized as supported by substantial evidence and otherwise in accordance with law. Burlington Truck Lines, Inc. v. United States, 371 U.S. 156, 168, 83 S.Ct. 239, 9 L.Ed.2d 207 (1962). In determining the existence of substantial evidence, a reviewing court must consider “the record as a whole, including evidence that supports as well as evidence that ‘fairly detracts from the sub-stantiality of the evidence.’ ” Huaiyin Foreign Trade Corp. v. United States, 322 F.3d 1369, 1374 (Fed.Cir.2003) (quoting Atl. Sugar, Ltd. v. United States, 744 F.2d 1556, 1562 (Fed.Cir.1984)). Moreover, the court must not “displace the [agency’s] choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo.” Universal Camera Corp. v. N.L.R.B., 340 U.S. 474, 488, 71 S.Ct. 456, 95 L.Ed. 456 (1951). “[I]t is not the province of the Court to reweigh the evidence before the agency.” Comm. for Fair Beam Imports v. United States, 31 CIT-,-, 477 F.Supp.2d 1313, 1326 (2007), aff'd 260 Fed.Appx. 302 (Fed.Cir.2008). That said, “the agency must examine the relevant data and articulate a satisfactory explanation for its action including a ‘rational connection between the facts found and the choice made.’ ” Motor Vehicle Mfrs. Ass’n of United States v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 43, 103 S.Ct. 2856, 77 L.Ed.2d 443 (1983) (quoting Burlington Truck Lines v. United States, 371 U.S. 156, 168, 83 S.Ct. 239, 9 L.Ed.2d 207 (1962)). However, the ITC is “presumed to have considered all of the evidence on the record ‘and’ is not required to explicitly address every piece of evidence presented by the parties.” Nucor Corp. v. United States, 28 CIT 188, 234, 318 F.Supp.2d 1207, 1247 (2004) (citation omitted), aff'd, 414 F.3d 1331 (Fed.Cir.2005). The ITC need not “make an explicit response to every argument made by a party, but [current law] instead requires that issues material to the agency’s determination be discussed so that the ‘path of the agency may reasonably be discerned’ by a reviewing court.” Timken U.S. Corp. v. United States, 421 F.3d 1350, 1354 (Fed.Cir.2005) (quoting Uruguay Round Agreements Act (“URAA”), Statement of Administration Action (“SAA”), accompanying H.R.Rep. No. 103-826, at 892, U.S.Code Cong. & Admin.News 1994, p. 3773); see also Ceramica Regiomontana, S.A. v. United States, 810 F.2d 1137, 1139 (Fed.Cir.1987). Where granted statutory discretion, ITC determinations remain subject to review for abuse of discretion. Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 416, 91 S.Ct. 814, 28 L.Ed.2d 136 (1971) (The standard is “whether the decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment.”). On questions of law, the Court is guided by U.S. Supreme Court precedent holding that, unless contrary to the “unambiguously expressed intent of Congress,” the agency’s interpretation of the statute it administers must be upheld if that interpretation is “permissible.” Chevron U.S.A Inc. v. Nat. Res. Def. Council, Inc., 467 U.S. 837, 843, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984). Consequently, a degree of deference is owed to the agency when it interprets the statute it administers and “[w]hether we would come to the same conclusion, were we to analyze [it] anew, is not the issue.” Suramerica de Aleaciones Laminadas, C.A. v. United States, 966 F.2d 660, 665 (Fed.Cir.1992). Discussion 1. The ITC’s Cumulation Determination Is Supported by Substantial Evidence on the Record and Is Otherwise in Accordance with Law. A. Cumulation — Statutory Framework The ITC is required to conduct a sunset review every five years after publication of an antidumping duty order, a countervailing duty order, or a prior sunset review. See 19 U.S.C. § 1675(c)(1). In a five year sunset review the ITC decides, inter alia, “whether revocation of an order ... would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.” 19 U.S.C. § 1675a(a)(l) (2000). The ITC must evaluate “the likely volume, price effect, and impact of imports of the subject merchandise on the industry if the order is revoked....” 19 U.S.C. § 1675a(a)(l). In making this material injury determination, the ITC, in its discretion, may cumulatively assess the volume and effect of imports of the subject merchandise from all countries with respect to which reviews under section 1675(b) or (c) of this title were initiated on the same day, if such imports would be likely to compete with each other and with domestic like products in the United States market. 19 U.S.C. § 1675a(a)(7) (2000) (emphasis added); see Nippon Steel Corp. v. United States, 494 F.3d 1371, 1374 n. 4 (Fed.Cir.2007) (ITC may cumulatively assess the volume and effect of subject imports from several countries for purposes of the material injury analysis, so long as certain threshold requirements are met.) The cumulation statute does, however, limit the ITC’s discretionary authority; the agency “shall not cumulatively assess the volume and effects of imports of the subject merchandise in a case in which it determines that such imports are likely to have no discernible adverse impact on the domestic industry.” 19 U.S.C. § 1675a(a)(7) (emphasis added); see also SAA at 887 (The ITC may not “cumulate imports from any country if those imports are likely to have no discernable adverse impact on the domestic industry.”). There is no statute enumerating “factors to ... consider[ ] in determining whether subject imports from a particular country are likely to have no discernable impact.” Usinor Industeel, S.A. v. United States, 26 CIT 1402, 1408 (2002). Indeed the ITC “Commissioners themselves differ as to approach.” Id. at 1408. In addressing this query, the ITC’s first question is whether the imports are likely to have any such impact. If not, the ITC is precluded from cumulating. If yes, then the question remains whether that impact is also adverse. If affirmative, the agency is permitted to cumulate; if negative, cumulation is not permissible since any impact is not both discernible and adverse. Neenah Foundry Co. v. United States, 25 CIT 702, 712-13, 155 F.Supp.2d 766, 775 (2001). Congress granted the ITC’s discretionary powers in order to account for the fact that “competition from unfairly traded imports from several countries simultaneously often has a hammering effect on the domestic industry [that] may not be adequately addressed if the impact of the imports [is] analyzed separately on the basis of country of origin.” Neenah Foundry Co., 155 F.Supp.2d at 772 (quoting H.R.Rep. No. 100-40, part 1, at 130 (1987)) (emphasis added). While the ITC’s discretion here is not unfettered, its “exercise of discretion [must] be predicated upon a judgment anchored in the language and spirit of the relevant statutes and regulations.” Freeport Minerals Co. v. United States, 776 F.2d 1029, 1032 (Fed.Cir.1985). In summary, where the ITC exercises its discretion to cumulate subject imports it may do so, only if, the sunset review was [(1)] initiated on the same day, [and (2)] if such imports would be likely to compete with each other and with domestic like products in the United States market. [However, (3)] [t]he Commission shall not cumulatively assess the volume and effects of imports of the subject merchandise in a case in which it determines that such imports are likely to have no discernible adverse impact on the domestic industry. 19 U.S.C. § 1675a(a)(7) (2000). B. The ITC’s Cumulation Determination In this second sunset review the ITC majority decided to exercise its discretion to cumulate the subject imports from certain countries. 2007 Commission Views at 108 (C.R.831). The ITC considered the following enumerated issues in deciding whether or not to cumulate: (1) whether imports from any of the subject countries are precluded from cu-mulation because they are likely to have no discernible adverse impact on the domestic industry; (2) whether imports of corrosion-resistant steel from the subject countries are likely to compete with each other and with the domestic like product according to the traditional four-factor test; and (3) other considerations, such as similarities and differences in the conditions of competition of the subject countries with regard to their participation in the U.S. market. Id. at 106-107. Following an analysis, the ITC determined that it would cumulate subject goods into the following country groups: (1) Australia, France and Japan; (2) Germany and Korea; and (3) Canada, set off by itself, not cumulated. Id. at 108. The ITC’s initial determination was based on its finding that all subject imports would have a discernible adverse impact on the U.S. industry, and that there was a reasonable overlap in competition among imports from all six countries and the U.S. industry. Id. at 108,119. Specifically, the ITC found that subject goods from Canada would likely compete under different conditions of competition than those of the other countries and thus declined to cumulate Canadian subject imports with the other subject countries. Id. at 108. With respect to Germany and Korea, the ITC found that the conditions of competition were similar to each other, but also different from the other countries and therefore it exercised its discretion to cumulate German and Korean subject imports separately from the other four countries. Id. Finally, the ITC decided to exercise its discretion to cumu-late Australian, French and Japanese subject imports with each other as they face similar conditions of competition. Id. C. Contentions of the Parties — Australia, France & Japan 1. Nucor, SDI, AK Steel (“Joint Plaintiffs”), and U.S. Steel (“USS”) Joint Plaintiffs and USS first challenge the Commission’s decision to cumulate subject imports from Australia, France and Japan with each other, but apart from Canada, Germany, and Korea. They contend that such decision is not supported by substantial evidence and is not otherwise in accordance with law. (See Joint Mem. In Support of Pl.’s Joint Mot. For Judgment On Agency Record (“Joint Pl.’s Br.”) at 17; Mem. In Support of Mot. for Judgment On the Agency Record by Pl.-Inter-venor USS (“USS Br.”) at 11-12.) Joint Plaintiffs and USS argue that the ITC erred by (1) failing to exercise its discretion to cumulate in a manner consistent with the statute and congressional intent; (2) failing to apply the correct “conditions of competition” analysis in its cumulation decision and failing to apply it on a coun-terfactual basis; and (3) failing to cumu-late subject imports from Australia, France and Japan together with Canada, Germany and Korea. (Joint Pl.’s Br. at 17-38; USS Br. at 10-24.) a. Joint Plaintiffs & USS argue that the ITC’s cumulation decision was erroneous. Joint Plaintiffs & USS contend that the ITC failed to follow the cumulation statute. They argue that 19 U.S.C. § 1675a(a)(7) sets out the sole factors that the ITC may consider in the exercise of its discretion of whether to cumulate subject imports. (Joint Pl.’s Br. at 17-18; USS Br. at 11-12.) Specifically, two of the four ITC commissioners comprising the majority— Chairman Pearson and Commissioner Okun — “disregarded the prescribed statutory requirements for making a cumulation determination in favor of a test that is not in the statute, i.e., considering only the ‘conditions of competition.’ ” (Joint PL’s Br. at 19; see also USS Br. 14-18.) Further, Joint Plaintiffs & USS argue that when Chairman Pearson’s and Commissioner Okun’s “extra-statutory analysis” excluded a country from cumulation, they then failed to consider the actual statutory factors — no discernible adverse impact and the likelihood of a reasonable overlap of competition. (Joint PL’s Br. at 20; see also USS Br. at 15-16.) Joint Plaintiffs note that though the ITC has in the past “considered additional elements ... as part of [its] exercise of discretion, such consideration has been part of or ancillary to thé statutory criteria.” (Joint PL’s Br. at 20.) Joint Plaintiffs conclude that because the ITC disregarded the statute, the Commission’s analysis was incomplete. (Joint PL’s Br. at 22.) Moreover, USS contends that the extra statutory factors that these refusenik Commissioners employed “do not go to the question of whether imports from the countries at issue will contribute to the hammering effect” but instead represent a “misunderstand[ing of] the meaning of the Court’s ruling in Allegheny Ludlum ... treating it as giving the Commission carte blanche to do anything that they want in addressing cumulation issues in five year reviews.” (USS Br. 14-15 (emphasis in original).) b. Joint Plaintiffs & USS argue that the ITC’s “conditions of com/petition” analysis was flawed. Joint Plaintiffs also contend that in spite of the ITC’s “extra-statutory analysis,” its application of the “conditions of competition” analysis was nevertheless flawed because it considered the conditions of competition impacting the foreign industry or foreign producers, and not the domestic industry as the statute requires. (Joint PL’s Br. at 22.) Both Joint Plaintiffs and USS cite the first sunset review as precedent where the ITC “correctly employed the ‘conditions of competition’ analysis” and cumulated all subject countries together. (Joint Pl.’s Br. at 22-23 (citing 2000 Sunset Determinations at 16, 49-51 (P.R. 124)); see also USS Br. at 12-13.) In the second sunset review, Joint Plaintiffs and USS argue that the ITC inexplicably “departed from the [conditions of competition] analysis used in the first [sunset] review,” which was a sharp departure from its previous practice and was therefore “ultra vires of the [cumulation] statute.” (Joint PL’s Br. at 23-24; see also USS Br. at 12-13.) Specifically, they argue, the ITC “erroneously focused on differences ... in which foreign producers competed in the U.S. market and failed to consider any conditions of competition with respect to the domestic industry.” (Joint PL’s Br. at 24 (citing 2007 Commission Views at 8-9, 111-117 (P.R. 940)).) These extra-statutory considerations employed by the ITC, Joint Plaintiffs argue, are irrelevant to the Commission’s cumulation analysis, i.e., they have “no bearing on what effect subject imports will have on the conditions of competition in the U.S. market.” (Id.) Grounding its argument in the cumulation statute’s legislative history, USS contends that the use of the ITC’s discretion must be “guided, first and foremost, by a consideration of the reasons why cumulation is provided for by the statute.” (USS Br. at 12-13 (emphasis in original).) USS then compares the legislative history for the mandatory cumulation statute for injury investigations (see 19 U.S.C. § 1677(7)(G)) with the legislative history for the cumulation statute at issue here, to argue that (i) “Congress regards cumulation as a ‘critical component’ of the anti-dumping and countervailing duty laws”; and (ii) that the ITC must relegate its focus to specific factors in order to assess whether imports from a particular country are likely to contribute to the “hammering effect” of imports from multiple sources. (USS Br. at 13-14.) USS also attacks the fact that both Chairman Pearson and Commissioner Okun “never considered whether imports from all five countries [Australia, France, Japan, Germany and Korea] were likely to compete with each other and with the domestic like product, and never examined whether imports from each of these countries were likely to have a discernible adverse impact on the domestic industry.” (Id. at 15-16.) Consequently, USS argues, neither of these commissioners followed section 1675a(a)(7), nor cited any authority to justify their departure, nor were concerned with the hammering effects of imports, and thus “plainly violated the intent of Congress.” (Id. at 15-17 n. 4.) USS additionally challenges the Commission majority’s findings as the factual basis for declining total cumulation. The “alleged” differences in the conditions of competition, which USS argues were significant to the Commission, “are wholly irrelevant to the purpose of cumulation, internally inconsistent, or both.” (USS Br. at 18.) That the majority focused on the Australian, French and Japanese producer’s “lack of interest in the U.S. market to any significant degree” (as evidenced by the low levels of subject imports) “is totally misplaced.” (Id.) USS dismisses the significance of the ITC’s finding of “low levels of subject imports” since ADD/CVD orders “almost invariably” limit imports. (Id.) Joint Plaintiffs and USS also contend that the ITC’s finding that the French and Japanese producers have no interest in the U.S. market because they are more likely to supply the U.S. market from their U.S. affiliates’ production base, is erroneous. (Joint Pl.’s Br. at 35-36; USS Br. at 23-25.) First, they argue that the ITC rejected a similar affiliation argument made by Japan during the first sunset review. Second, USS proffers that the record contains no direct evidence regarding the behavior of French producers with U.S. affiliates, since the only such relationship, the Arce-lor/Mittal merger, was scheduled to take effect in early 2007, after the ITC’s vote on the second review. (Id. at 24 (citing 2007 Determinations at 128-29 (P.R. 940)).) Finally, USS cites to the Final Staff Reports pointing out that the Japanese producers actually reduced their U.S. presence due to the acquisition of National Steel by U.S. Steel during the current POR. (Id. at 24-25 (citing Final Staff Report at CORE-III-2 (P.R. 652)).) 2. Defendant ITC Defendant maintains that the Commission’s exercise of discretion to cumulate imports into three separate groups is supported by substantial evidence on the record and is otherwise in accordance with law. The ITC argues that the Commission cumulated certain countries because it found that the “three groups of countries ‘likely would compete under different conditions of competition than would the other countries.’ ” (Mem. of Def. U.S. Int’l Trade Comm’n In Opp. To Pl.s’ Mots. For Judgment on Agency R. (“ITC Resp. Br.”) at 14 (quoting 2007 Commission Views 8-9 (C.R.831)).) a. The ITC argues in response that it has statutory discretion to cumu-late, its analysis thereunder was in accordance with law, and supported by substantial evidence. The ITC maintains that it has been granted discretion by Congress to decide whether to cumulate during sunset reviews. (ITC Resp. Br. at 15 (citing 19 U.S.C. § 1675a(a)(7)).) Additionally, the ITC contends that CIT precedent recognizes that the “Commission ‘has wide latitude in selecting the types of factors it considers relevant’ for that purpose.” (Id. at 16 (quoting Allegheny Ludlum, 475 F.Supp.2d at 1380).) The ITC retorts contending that Joint Plaintiffs’ and USS’s cumulation arguments are “seriously flawed.” Mainly, the Commission has statutory “discretion not to cumulate imports from the subject countries even if it finds that the subject imports will have a discernible adverse impact on the industry and that there is a reasonable overlap of competition between them and the domestic like product.” (Id. at 16-17 (emphasis in original).) Neither does the ITC’s “conditions of competition” analysis contravene the cumulation statute nor avoid the issue of the “hammering effects” of unfairly traded imports because, the sunset review statute does not mandate cumulation in the first instance. (Id.) The ITC frames the issue for the Court as thus: it is “not whether the Commission could reasonably have cumulated all imports from the subject countries because they might have some ‘hammering’ effect on the industry, but instead, whether the Commission’s cumulation decisions represent a reasoned exercise of its discretion under the statute.” (Id. at 18.) The ITC also argues that its cumulation determination was supported by substantial evidence and that Joint Plaintiffs’ and USS’s arguments to the contrary “merely reflect disagreements with how the Commission weighed the evidence.” (Id. at 24-25; 24-43.) As a result, because the Joint Plaintiffs and USS fail to show that the ITC’s cumulation findings are unreasonable, the Commission decision must be upheld. (See id.) 3. Defendant-Intervenors JFE Steel Corp., et al. The Court finds that JFE Steel Corp.’s, et al., cumulation arguments are substantially similar to those presented by the ITC. (Br. Def.-Interv. JFE Steel In Opp. to Pl.’s Mot. For Sum. Judgment Br. at 7-22.) Therefore, the Court will not recount them one by one in this opinion, although they have been carefully considered. D. Contentions — Canada 1. AK Steel Plaintiff AK Steel argues that the ITC’s decision not to cumulate CoRe steel from Canada with any other subject country was not supported by substantial evidence. (Joint Pl.’s Br. at 28-34; Reply Br. of AK Steel at 2-9.) AK Steel contends that contrary to the ITC’s finding — that Canadian producers compete in the U.S. market under substantially similar conditions of competition as faced by Australia, France, Japan, Germany, and Korea — “there is no basis not to cumulate imports from Canada with imports from other countries.” (Joint Pl.’s Br. at 28-29.) Because CoRe steel in the U.S. competes on the basis of price, AK Steel argues, the ITC’s analysis that a[[ ]] Canadian producer’s increased exports to the U.S. during the POR “were not due to price competition with U.S. suppliers” is contradictory. (Id. at 29 (citing 2007 Commission Views at 115 (C.R. 831)).) AK Steel cites to the questionnaire responses of Auto Producers as support for this argument — that price is an important factor in the U.S. CoRe steel market — and proffers that Canadian CoRe is equally competitive in the U.S. on price. (Id. at 29-31.) AK Steel also contends that the “perception” by certain Auto Producers that U.S. and Canada are “a unified market for production and sourcing decisions” is “legally irrelevant” to whether the ITC properly decided not to cumulate Canada’s CoRe steel imports with the other countries. (Id. at 31.) Such a distinction, AK Steel argues, is not recognized by the statute. (Id. at 31-32 (citing Dissenting Views, at 2007 Commission Views at 159 n. 123 (P.R. 940)).) AK Steel further argues that the ITC failed to consider the record evidence that Canadian producers also export CoRe steel to the U.S. for “non-automotive applications.” (Id. at 33.) Thus, the ITC failed to consider the possible effects of an order revocation and whether Canadian imports would increase in the non-automotive sector as well. (Id.) AK Steel cites the ITC Final Staff Report, which notes that during the POR “the majority of Canadian mills shipments of CoRe steel is [sic] for solid nonautomotive applications.” (Id. (referring to Final Staff Report CORE-IV-30 (C.R.742).)) AK Steel asserts that since the record demonstrates that there is a “sufficient degree of fungibility among the subject imports and with the domestic product” the ITC’s reliance on Auto Producers’ “perception” of a unified market to differentiate Canada from the other subject nations is unsupported by substantial evidence. (Id. at 34.) Finally, AK Steel points out that the ITC “should have considered Canada’s substantial excess capacity.” (Id.) AK Steel argues that Canada’s significant excess capacity would easily permit Canadian export expansion into “other sectors and purchasers beyond the automotive sector” if the orders were lifted. (Id. (see Final Staff Report at Table CORE-IV-20 and CORE-IV-30 (C.R.742)).) 2. Defendant ITC The ITC argues in response that it exercised discretion reasonably when it decided not to cumulate subject imports from Canada with any other country and that this decision was supported by substantial evidence. (ITC Resp. Br. at 27-28, 34-36.) The Commission found that, among the subject countries, the Canadian industry was characterized by a condition of competition that was unique “because auto producers and auto parts suppliers considered the United States and Canada as a unified market for production and sourcing decisions.” (ITC Resp. Br. at 27.) Moreover, “Canada was a net importer of corrosion-resistant steel, with U.S. exports to Canada exceeding exports from Canada to the United States during the period of review.” (Id.) The ITC also argues that AK Steel’s position that the Auto Producers’ own questionnaires are contradictory, falls flat. (Id.) The ITC pointed out, for example, that [¶] ]](M) Also since Canada did not export CoRe to China, “any build-up in Chinese capacity would not result in any diversion of Canadian exports to the United States from China or Asia.” (Id. at 28 (citing 2007 Commission Views at 114-116 (C.R.831)).) The Commission did not ignore Canada’s excess capacity, it argues, but addressed this factor as but one among many. The ITC cited to “other significant competition factors [that] warranted ... not cumulating subject imports from Canada.” (Id. at 35.) Such factors, the ITC argues, included the unified nature of the U.S./Canadian CoRe auto market, Canada’s consistent supply of imports to the U.S. for non-price reasons, Canada’s status as a net importer of CoRe steel (mostly from the U.S.), and the proportion of imports from Canada that were specialty automotive products. (Id. at 35-36 (citing 2007 Commission Views at 114-116,140 (C.R.831)).) Finally, the ITC argues that the record contains ample evidence in support of its finding that Auto Producers treat Canada and the U.S. as a unified market. (Id. at 36 (citing 2007 Commission Views at 114, n. 665,126, n. 762 (C.R.831))) This evidence is consistent with the ITC’s findings, it argues, that there is a growing global trend toward consolidations and mergers in steel producers that have enabled producers to serve their customers’ interest in obtaining CoRe steel locally or regionally. (Id. (citing 2007 Commission Views at 123,126 (C.R.831))) 3. Defendanl-Intervenor ArcelorMittal Dofasco, Inc. Defendant-Intervenor ArcelorMittal Do-fasco Inc. (“Dofasco”) argued in support of the ITC’s cumulation findings with respect to Canada. The Court finds Dofasco’s arguments are substantially similar to those presented by the ITC and therefore, the Court will not recount them one by one in this opinion, although they have been fully considered. 4. Amici Curiae — Auto Producers The Amici Curiae Auto Producers support the ITC’s negative determinations concerning the ADD and CVD orders on CoRe steel from Australia, France, Japan and Canada. On cumulation, Auto Producers argue that the ITC decision to not cumulate CoRe steel imports from Canada with any other subject country, due to “different conditions of competition,” was supported by substantial evidence. (Auto Prod. Br. at 36.) Auto Producers challenge Joint Plaintiffs’ and USS’s characterization of Auto Producers’ agency testimony as “legally irrelevant.” (Id.) In testimony before the ITC Auto Producers explained to the commissioners that the auto industry views the U.S. and Canada as a “unified market for production and sourcing.” (Id. at 36 (citing 2007 Commission Views at 112 (P.R. 940)).) Auto Producers contend that “the statute permits the Commission to address any conditions of competition it believes are relevant in determining whether to cumulate subject imports.” (Id. at 37.) Moreover, as a factual basis to its decision, the ITC considered the “way in which shipments from Canada compete in the U.S. market [which] distinguishes them from other subject imports.” (Id.) Auto Producers argue that the ITC correctly decided to distinguish Canadian CoRe in its cumulation decision by relying on record evidence that demonstrates Auto Producers’ CoRe steel sourcing preference from North American suppliers. (Id. at 37-38.) Finally Auto Producers note that their testimony to the ITC demonstrated another distinguishing feature of the Canadian CoRe steel market. Auto Producers “frequently source CoRe for their Canadian production operations from U.S. CoRe producers, and vice versa.” (Id. at 38.) Auto Producers conclude that this record evidence further promotes the argument that the ITC made a correct cumulation determination. (Id.) The Court finds Auto Producers’ remaining arguments on cumulation, including those made at Oral Argument, are substantially similar to those presented elsewhere by other parties and thus, the Court need not recount them in this Opinion, although they have been fully considered. E. Contentions — Germany & Korea 1. German Plaintiffs German Plaintiffs argue that the ITC’s determination to cumulate German subject imports with subject imports from Korea is not supported by substantial evidence or is not otherwise in accordance with law. (German Pl.’s Br. at 9-36.) First, German Plaintiffs focus on the ITC’s “discernible adverse impact analysis” and argue that it is not supported by substantial evidence or is not otherwise in accordance with law. (Id. at 9 (citing 19 U.S.C. § 1675a(a)(7)).) The German Plaintiffs contend that the “record evidence in this review establishes an absence of available excess capacity and export orientation, and the lack of any economic incentive to direct German CoRe exports to the U.S. market.” (Id. at 10.) Thus, they argue, the ITC’s conclusion that German CoRe steel imports would not be likely to have “no discernible adverse impact” on the U.S. industry if the orders were revoked is “unreasonable.” (Id. at 10.) Next, German Plaintiffs assert that the ITC’s exercise of discretion to cumulate German CoRe steel imports with Korean CoRe steel imports is not supported by substantial evidence or is otherwise not in accordance with law. (Id. at 22.) The German Plaintiffs argue that “[cjonsider-ing the unique competition factors for German CoRe in the U.S. market” the ITC’s cumulation determination was wrong. (Id. at 23, 24 (citing Neenah Foundry Co. v. United States, 25 CIT 702, 708, 155 F.Supp.2d 766, 771 (2001) (ITC justified in refusing to cumulate when “one nation’s exports developed trends in the U.S. market that were distinct from the market patterns of other countries’ competing exports.”)).) Third, German Plaintiffs contend that the ITC’s cumulation decision is “inconsistent with past practice and sets precedent not anchored in the language and spirit of the antidumping laws.” (Id. at 32.) The German Plaintiffs challenge the ITC’s conclusion that German/Korean producers’ current lack of a significant U.S. presence, through local domestic affiliations, demonstrates their inability to exercise their “strong interest” in the U.S. market in ways that are not anti-competitive. (Id. at 32-33.) Germain Plaintiffs find that such a conclusion is not only speculative and unsupported by substantial evidence but very likely prejudicial and “inconsistent with antidumping law.” (Id. at 32-36.) Finally, the German Plaintiffs argue that, if cumulation is appropriate at all, German CoRe imports “should have been cumulated with the Australian, French, and Japanese respondents given the similarities in competition factors.” (Id. at 34.) The German Plaintiffs then detail the similarities between themselves and the Australian, French and Japanese producers. (Id. at 34-36.) 2. Defendant ITC In defense of its determination to cumu-late German and Korean imports together, the ITC stresses that a discernible adverse impact analysis “ ‘is relatively easy ... to satisfy.’ ” (ITC Resp. Br. at 37 (quoting Wieland-Werke AG v. United States, 525 F.Supp.2d 1353, 1365-66 (CIT 2007)).) The ITC argues that it did not ignore the fact that the German producers reported [¶] ]] capacity utilization in January to June 2006. (Id. at 38.) Instead, the ITC “reasonably concluded” that German producers reported [¶] ]] in every other portion of the POR and that there were significant fluctuations year-to-year in their [¶] ]] levels. (Id.) Further, the ITC determined that “German producers would have available capacity in the reasonably foreseeable future.” (Id. (citing 2007 Commission Views at 109, n. 629 (C.R.831))) The ITC also contends that it specifically addressed evidence that a significant portion of German Plaintiffs’ CoRe shipments during the POR were to home and regional (ie., European Union (“E.U.”)) markets. (Id. (citing 2007 Commission Views at 109-110 (C.R.831))) Moreover, the ITC offers that it is the German Plaintiffs who ignored evidence that German subject imports increased 63.5% — from 46,453 short tons in 2000 to 75,941 short tons in 2005. (Id. (citing 2007 Commission Views at 110 (C.R.831))) Responding to German Plaintiffs’ criticism that the Commission failed to credit the domestic industry’s vulnerability in its discernible adverse impact analysis, the ITC argues that while “on occasion,” it may consider the domestic industry’s vulnerability in conducting a discernible adverse impact analysis, doing so is neither a statutory requirement nor a regular ITC practice. (Id. at 38-39.) The ITC next addresses a litany of German Plaintiffs’ arguments that it “failed to consider” certain evidence. (Id. at 39-41.) In sum, the ITC contends that it did not ignore any of this evidence but “merely came to different, albeit reasonable, conclusions.” (Id. at 39 (emphasis in original).) In the end, the ITC argues, “product type and end uses” did not sufficiently distinguish German imports from that of any other country. (Id. at 40.) The ITC argues that “the salient facts underlying [its] decision to cumulate” German and Korean imports “were each country’s interest in supplying, and ability to access, the United States market.” (Id. at 42.) Evidence from the record indicated: • Significant and increasing levels of CoRe during the POR; • Exports to Canada and Mexico; • Thyssen’s intentions to open a U.S. facility but its inability to do so in the reasonably foreseeable future’ • Thyssen’s affiliation with a U.S. distributor of CoRe steel; • Germany’s and Korea’s lack of affiliations with U.S. producers. (Id.) 3. Defendant-Intervenors ArcelorMit-tal USA Inc., Nucor Corp. & SDI, and USS Defendant-Intervenors ArcelorMittal USA Inc. (“Arcelor”) and USS argued in support of the ITC’s findings with respect to Germany. (Arcelor’s Br. In Resp. to German Pi’s Mot. For Jmt. On Agency R. at 10-40; USS’s Br. In Opp. To German Pi’s Mot. For Jmt. On Agency R. at 4-39.) The Court finds that Arcelor’s and USS’s arguments are substantially similar to those presented by the ITC and therefore, the Court will not recount them in this opinion, although they have been helpful and fully considered. Nucor Corp. and SDI, in their capacity as Defendant-Intervenors, raise points that are also substantially similar to many of the arguments raised by the other defendant-intervenors, and the Court therefore will not recount them here one-by-one. (Resp. Br. of Nucor Corp. and Steel Dynamics, Inc. (“Nucor/SDI Resp. Br.”) at 6-42.) However, Nucor/SDI do raise a few additional arguments that warrant separate presentation. First, Nucor/SDI contend that German Pl.’s assertion that the E.U. is essentially its “home market” is flawed and has previously been rejected by the ITC. (Nucor/SDI Resp. Br. at 16-18 (citing inter alia Usinor v. United States, 28 CIT 1107, 1135, 342 F.Supp.2d 1267, 1291 (2004) (upholding an ITC determination rejecting German/French arguments that the E.U. was their home market rather than Germany and France respectively)).) Nucor/SDI next argue that German Plaintiffs “confuse and conflate the cumu-lation and likelihood of recurrence of material injury analyses.” (Nucor/SDI Resp. Br. at 23.) Arguing that these are two separate analyses, Nucor/SDI contend that German Plaintiffs’ insistence that it is illogical for the ITC to find the domestic CoRe steel industry no longer vulnerable, on the one hand, but find that “the domestic industry is likely to bear a material negative impact” from German/Korean imports, on the other hand, is a false choice. (Id. at 23-25.) Moreover, Nu-cor/SDI contend that, notwithstanding German Plaintiffs’ conflated arguments, the ITC’s vulnerability determination was not supported by substantial evidence and is otherwise not in accordance with law. (Id. at 25-27.) Finally, Nucor/SDI argue that the Commission’s determination “to segregate” German and Korean producers from Australian, French and Japanese producers is unsupported by substantial evidence and is otherwise not in accordance with law. (Id. at 28-32.) This is because the ITC failed to appreciate the “minor distinctions between Korean and German producers,” dismissing them as “irrelevant,” whereas the very same distinctions were used to segregate Germany and Korea from Australia, France and Japan. (Id. at 29.) F. Analysis — The Commissions’ Cu-mulation Determination The statute is clear; in order for the ITC to exercise its discretion and cumulatively assess the volume and effect of imports in a sunset review, the Commission must have (1) initiated all the reviews to be cumulated on the same day; (2) find that the subject imports to be cumulated would be likely to compete with each other and with domestic like products in the U.S. market; and (3) determine that the subject imports to be cumulated are each likely to have a “discernible adverse impact” on the U.S. industry. See 19 U.S.C. § 1675a(a)(7). As drafted by Congress, the use of the cumulation statute in a sunset review is discretionary. Id. Notwithstanding, even if the statutory predicates are met, there is an express prohibition on cumulation where the ITC “determines that [subject] imports are likely to have no discernible adverse impact on the domestic industry.” Id. This exercise of discretion by the ITC, however, must be “predicated upon a judgment anchored in the language and spirit of the relevant statutes and regulations.” Freeport Minerals Co. v. United States, 776 F.2d 1029, 1032 (Fed.Cir.1985). At the outset, no challenge has been posed to the initial element for cumulation — that the sunset reviews be initiated on the same day — and therefore the Court need not address this factor in its analysis. The Court then turns to the remaining statutory requirements/prohibitions: (1) that there is likely no discernible adverse impact on the domestic industry from the subject imports; and (2) that the subject imports are likely to compete both with each other and with the domestic like product in the U.S. marketplace. See 19 U.S.C. § 1675a(a)(7). 1. Likelihood of No Discernible Adverse Impact The ITC initially did not find applicable the “no discernible adverse impact” exception to cumulation to any of the subject countries, which would have prevented the exercise of its discretion to cumulate. See 2007 Commission Views at 108,119 (C.R.831). The ITC made specific findings with respect to the subject countries in order to ascertain whether the subject imports from them were likely to have a discernible adverse impact (or not) upon the domestic industry. The ITC found that with regard to Australia, France, Japan, Germany, and Korea, “the information on the record indieate[d] that the [CoRe steel] industry in each of these subject countries has significant production capacity and has increased its capacity since the original period of investigation.” 2007 Commission Views at 111 (C.R.831). In addition, the ITC found that the subject producers in each country have “unused capacity,” maintained some level of exports to the U.S. market, and “undersold U.S. producers” periodically during the original investigation, and in some cases, during the POR as well. Id. This Court now addresses Joint Plaintiffs’ and USS’s argument that two of the four commissioners in the majority— Chairman Pearson and Commissioner Okun — “ignorfed] the statutory factors” and “disregarded the prescribed statutory requirements” for cumulation, and finds them to be without merit. (See Joint Pl.’s Br. at 19; USS Br. at 16.) A review of the record demonstrates to the Court that both Chairman Pearson and Commissioner Okun exercised their discretion well-within the bounds of the statute. Chiefly, Chairman Pearson and Commissioner Okun both explicitly stated that they were joining the “no discernible adverse impact” analysis of their fellow commissioners in the majority. See 2007 Commission Views at 107 n. 612 (C.R.831) (Chairman Pearson and Commissioner Okun “join Vice Chairman Aranoff and Commissioner Hillman’s discussion of the [cumulation] issues ... and reach the same conclusion.”). The perspective of Joint Plaintiffs and USS requires an overly narrow reading of the cumulation statute contrary to the plain text of section 1675a(a)(7). Stripped bare, Joint Plaintiffs’ and USS’s argument is that Chairman Pearson and Commissioner Okun chose to conduct their cumulation analysis in a different order than Vice Chairman Aranoff and Commissioner Hill-man. However, nothing in the language of the cumulation statute requires the ITC to conduct its analysis in a particular order. When this Court examines section 1675a(a)(7), it finds that the statute does not mandate any particular sequence of analysis. Neither have Joint Plaintiffs nor USS pointed to any authority that would require such a sequence; nor does the Court find any such suggestion in its review of the legislative history. Cf. Nippon Steel Corp. v. United States, 25 CIT 1415, 1421 n. 12, 182 F.Supp.2d 1330, 1337 n. 12 (2001) (“neither the governing statute nor its legislative history requires adoption of any particular analysis”) (internal citation and alteration omitted). The Court recognizes that the ITC is vested with statutory authority to exercise discretion when it comes to cumulation in a sunset review. See Allegheny Ludlum Corp., 475 F.Supp.2d at 1380-81 (The ITC “has wide latitude in selecting the types of factors it considers relevant” in its cumulation analysis.). The Commission is clearly authorized to cumulate subject imports from several countries if they are likely to have a “discernible adverse impact” and if they are “likely to compete with each other and with domestic like products in the [U.S.] market.” See 19 U.S.C. § 1675a(a)(7). The language is unambiguous: though the cumulation requirements may be met, the Commission may nevertheless decline to cumulate as a proper exercise of its power of agency discretion. See 19 U.S.C. § 1675a(a)(7) (“the Commission may cumulatively assess ...”); SAA at 887 (“[n]ew section 752(a)(7) grants the Commission discretion to engage in a cumulative analysis” in sunset reviews) (emphasis added); see also Ugine-Savoie Imphy v. United States, 26 CIT 851, 852, 248 F.Supp.2d 1208, 1210-11 (2002) (“While the above limitations prevent cumulation in certain circumstances, in all other instances cumulation is discretionary, not mandatory.”). Notwithstanding the ITC’s considerable discretion with respect to cumulation in the first instance, the statutes’ “no discernible adverse impact” element serves as an “express limitation on [its] discretion to cumulate.” Neenah Foundry Co., 25 CIT at 705, 155 F.Supp.2d at 769. Logically, however, this express limitation applies only if the Commission decides to exercise its discretion to cumulate the relevant subject countries in the first instance. See 19 U.S.C. § 1675a(a)(7) (“[t]he Commission shall not ... ”). Therefore, if the ITC declines to cumulate — as it declined to cumulate Canada with the other subject countries and declined to cumulate Australia, France, Japan, Germany, and Korea all together — then this statutory prohibition does not come into play. Cf. Chefline Corp. v. United States, 26 CIT 878, 880, 219 F.Supp.2d 1303, 1306 (2002) (upholding ITC’s determination not to consider all the statutory factors where a single factor was dispositive of cumulation); see also U.S. Steel Group, 96 F.3d at 1362 (“So long as the Commission’s analysis does not violate any statute and is not otherwise arbitrary and capricious, the Commission may perform its duties in the way it believes most suitable.”). Individual Commissioners, therefore, are not required to apply identical analytical methodologies when the statute requires no such result. See U.S. Steel Group v. United States, 96 F.3d 1352, 1362 (Fed.Cir.1996) (“So long as the Commission’s analysis does not violate any statute and is not otherwise arbitrary and capricious, the Commission may perform its duties in the way it believes most suitable.”). On this record the Court is satisfied that Chairman Pearson and Commissioner Okun performed their duty, properly exercised their discretion, and conducted the statutory cumulation analysis as required by law. See Nucor Corporation v. United States, 32 CIT -, -,569 F.Supp.2d 1328, 1340 n. 4 (2008) (“This analysis is [in] accordance with law. Nothing in the cumulation provision requires the ITC to consider any factors, but only prohibits cumulation if these threshold requirements are not met.”) (citing 19 U.S.C. § 1675a(a)(7)); see also 2007 Commission Views at 107 n. 612 (C.R.831). Because the Commission’s interpretation and application of the no discernible adverse impact standard is supported by substantial evidence and is in accordance with the law, this exception to cumulation under 19 U.S.C. § 1675a(a)(7) does not apply. 2. Likelihood of a Reasonable Overlap of Competition Following a determination that the “no discernible adverse impact” exception is inapplicable, the ITC must then conduct a “reasonable overlap of competition” analysis. See 19 U.S.C. § 1675a(a)(7). “[T]o support cumulation, the ITC must find a reasonable overlap of competition between imports from the subject countries and the domestic like product.” Noviant OY v. United States, 30 CIT -,-,451 F.Supp.2d 1367, 1379 (2006) (citations and quotes omitted). Only a “reasonable overlap” of competition is necessary. See Wieland Werke, AG v. United States, 13 CIT 561, 563, 718 F.Supp. 50, 52 (1989); Granges Metallverken AB v. United States, 13 CIT 471, 477, 716 F.Supp. 17, 22 (1989) (“[T]he Commission need only find evidence of reasonable overlap in competition to support its determination to cumulate imports.”). On this sunset review record, the ITC concluded that “[o]n balance ... there will likely be a reasonable overlap of competition between subject imports from each country and the domestic like product as well as among subject imports from each country should the orders be revoked.” 2007 Commission Views at 113 (C.R.831). Traditionally, the Commission has considered this statutory element by reference to a “four factor” test — (1) fungibility; (2) sales or offers in the same geographic markets; (3) common or similar channels of distribution; and (4) simultaneous presence. See 2007 Commission Views at 21 n. 60,112 n. 648 (C.R.831). During its five-year reviews, the Commission’s “relevant inquiry is whether there likely would be a reasonable overlap of competition even if none currently exists because the subject imports are absent from the U.S. market.” Id. at 112. However, neither this test nor the “traditional” four factors test are singularly dispositive or the sole factors the ITC may consider. See Allegheny Ludlum, 475 F.Supp.2d at 1377-81; Neenah Foundry Co., 25 CIT 702, 155 F.Supp.2d 766. The ITC noted in its determination that as part of its cumulation analysis it “generally has considered [that the] four factors provide a framework for determining whether the imports compete with each other and with the domestic like product.” 2007 Commission Views at 21 n. 60 (C.R.831). However, the Commission also considers “other significant conditions of competition that are likely to prevail if the orders under review are terminated.” 2007 Commission Views at 21 (C.R.831). In this determination the ITC relied on evidence showing that domestically produced and imported CoRe steel “are fungible products” since they “share the same essential chemical and physical properties” and there is a “moderate to high degree of substitution between them.” 2007 Commission Views at 112 (C.R.831)(citing CORE-II21, -30). Moreover, “producers, importers, and purchasers reported that [CoRe] steel ... is always or frequently interchangeable ... as long as the steel conforms to the purchaser’s specifications or the supplier has been approved.” Id. (citing CORE-II-21). “[T]he types of [CoRe] steel that the subject producers either exported to the United States or produced during the review period reveal a sufficient degree of fungibility among the subject imports and with the domestic product.” Id. Additionally, the ITC determined that there is “reasonable” or. “sufficient” overlap with respect to the types of CoRe steel products produced by the subject countries and exported to the U.S., as well as with their channels of distribution. Id. at 113 (C.R.831). Finally, with respect to simultaneous presence, the ITC found that “imports from each of the subject countries have been present in the U.S. market during at least some portion” of the POR. Id. The ITC then concluded that should the ADD/ CVD orders be revoked, “there will likely be a reasonable overlap of competition” between CoRe steel from the subject countries and the domestic like product. Id. Based on the foregoing analysis, this Court finds the Commission’s findings in this regard are “consistent with the view that the ITC can exercise discretion in assessing the factors germane to the analysis.” Copperweld Corp. v. United States, 12 CIT 148, 161, 682 F.Supp. 552, 566 (1988),. Regarding Joint Plaintiffs’ and USS’s arguments that Chairman Pearson’s and Commissioner Okun’s cumulation analysis is erroneous since they conducted neither a “likelihood of competition” nor “discernible adverse impact” analysis, this Court agrees with the ITC that such arguments are “flawed.” (ITC Resp. Br. at 19.) Both Chairman Pearson and Commissioner Okun clearly joined Vice Chairman Ar-anoffs and Commissioner Hillman’s discussion of no discernible adverse impact, reasonable overlap of competition, and other conditions of competition. See 2007 Commission Views at 107 n. 612 (C.R.831). Moreover, as the ITC points out, Chairman Pearson and Commissioner Okun considered all the statutory factors but merely considered them in a different order than the other commissioners. (ITC Resp. Br. at 19-20.) This Court agrees. The Court also rejects Joint Plaintiffs’ and USS’s arguments that the ITC’s conditions of competition analysis was not “counterfactual” due to its use of existing conditions of competition for the subject imports. Joint Plaintiffs and USS complain that the ITC erred when it based this analysis on the market conditions when the orders were in place (as opposed to beforehand) and “unlawfully failed to evaluate the likely behavior of imports if the orders were revoked.” (Joint Pl.’s Br. at 24-25; see also USS Br. at 19-20.) The ITC, Joint Plaintiffs allege, “erroneously relied upon the subject producers’ behavior during the period of [the second] review while the discipline of the orders was in place.” (Joint Pl.’s Br. at 25.) This Court finds in the record that the Commission assessed both cur