Page:United States Statutes at Large Volume 102 Part 2.djvu/182

 102 STAT. 1186

PUBLIC LAW 100-418—AUG. 23, 1988

"(d) TREATMENT OF INTERNATIONAL CJONSORTIA.—For purposes of this subtitle, if the members (or other participating entities) of an international consortium that is engaged in the production of a class or kind of merchandise subject to a countervailing duty investigation receive subsidies from their respective home countries to assist, permit, or otherwise enable their participation in that consortium through production or manufacturing operations in their respective home countries, then the administering authority shall cumulate all such subsidies, as well as subsidies provided directly to the international consortium, in determining any countervailing duty upon such merchandise.". SEC. 1316. DUMPING BY NONMARKET ECONOMY COUNTRIES.

(a) IN GENERAL.—Subsection (c) of section 773 (19 U.S.C. 1677b) is amended to read as follows: "(c) NONMARKET ECONOMY COUNTRIES.— "(1) IN GENERAL.—If—

"(A) the merchandise under investigation is exported from a nonmarket economy country, and "(B) the administering authority finds that available information does not permit the foreign market value of the merchandise to be determined under subsection (a), the administering authority shall determine the foreign market value of the merchandise on the basis of the value of the factors of production utilized in producing the merchandise and to which shall be added an amount for general expenses and profit plus the cost of containers, coverings, and other expenses, as required by subsection (e). Except as provided in paragraph (2), the valuation of the factors of production shall be based on the best available information regarding the values of such factors in a market economy country or countries considered to be appropriate by the administering authority. (2) EXCEPTION.—If the administering authority finds that the available information is inadequate for purposes of determining the foreign market value of merchandise under paragraph (1), the administering authority shall determine the foreign market value on the basis of the price at which merchandise that is— "(A) comparable to the merchandise under investigation, and "(B) produced in one or more market economy countries that are at a level of economic development comparable to that of the nonmarket economy country, is sold in other countries, including the United States. "(3) FACTORS OF PRODUCTION.—For purposes of paragraph (1),

the factors of production utilized in producing merchandise include, but are not limited to— "(A) hours of labor required, "(B) quantities of raw materials employed, "(C) amounts of energy and other utilities consumed, and "(D) representative capital cost, including depreciation. "(4) VALUATION OF FACTORS OF PRODUCTION.- -The administering authority, in valuing factors of production under paragraph (1), shall utilize, to the extent possible, the prices or costs of factors of production in one or more market economy countries that are— "(A) at a level of economic development comparable to that of the nonmarket economy country, and

�