Page:United States Statutes at Large Volume 108 Part 6.djvu/310

 108 STAT. 4878 PUBLIC LAW 103-465--DEC. 8, 1994 seller affiliated with the producer or exporter with respect to the production and sale of such merchandise: "(i) The expenses incurred with respect to the subject merchandise sold in the United States and the foreign like product sold in the exporting country if such expenses were requested by the aoministering authority for the purpose of establishing normal value and constructed export price. narrowest category of merchandise sold in the United States and the exporting country which includes the subject merchandise. "(iii) The expenses incurred with respect to the narrowest category of merchandise sold in all countries which includes the subject merchandise. "(D) TOTAL ACTUAL PROFIT. —The term total actual profit' means the total profit earned by the foreign producer, exporter, and affiliated parties described in subptiragraph (C) with respect to the sale of the same merchandise for which total expenses are determined under such subparagraph.". SEC. 224. NORMAL VALUE. Section 773 (19 U.S.C. 1677b) is amended to read as follows: "SEC. 773. NORMAL VALUE. "(a) DETERMINATION.— In determining under this title whether subject merchandise is being, or is likely to be, sold at less than fair value, a fair comparison shall be made between the export price or constructed escport price and normal value. In order to achieve a fair comparison with the export price or constructed export price, normal value shall be determined as follows: "(1) DETERMINATION OF NORMAL VALUE. — "(A) IN GENERAL.— The normal value of the subject merchandise shall be the price described in subpsiragraph (B), at a time reasonably corresponding to the time of the sale used to determine the export price or constructed export price under section 772(a) or (b). "(B) PRICE. —The price referred to in subparagraph (A) is— is first sold (or, in the absence of a sale, offered for sale) for consumption in the exporting country, in the usual commercial Quantities and in the ordinary course of trade and, to the extent practicable, at the same level of trade as the export price or constructed export price, or "(ii) in a case to which subparagraph (C) applies, the price at which the foreign like product is so sold (or offered for sale) for consumption in a country other than the exporting country or the United States, if— "(I) such price is representative, "(II) the aggregate quantity (or, if quantity is not appropriate, value) of the foreign like product sold by the exporter or producer in such other country is 5 percent or more of the aggregate quantity (or value) of the subject merchandise sold in
 * (ii) The expenses incurred with respect to the
 * (i) the price at which the foreign like product

�