Page:United States Statutes at Large Volume 108 Part 6.djvu/311

 PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4879 the United States or for export to the United States, and "(III) the administering authority does not determine that the particular market situation in such other country prevents a proper comparison with the export price or constructed export price. applies when— "(i) the foreign like product is not sold (or offered for sale) for consumption in the exporting country as described in subparagraph (B)(i), "(ii) the administering authority determines that the aggregate quantity (or, if quantity is not appropriate, value) of the foreign like product sold in the exporting cotmtry is insufficient to permit a proper comparison with the sales of the subject merchandise to the United States, or "(iii) the particular market situation in the exporting country does not permit a proper comparison with the export price or constructed export price. For purposes or clause (ii), the aggregate quantity (or value) of the foreign like product sold in the exportixig country shall normally be considered to be insufficient if such quantity (or value) is less than 5 percent of the aggregate quantity (or value) of sales of the subject merchandise to the United States. "(2) FICTITIOUS MARKETS. — No pretended sale or offer for sale, and no sale or offer for sale intended to establish a fictitious market, shall be taken into account in determining normal value. The occurrence of different movements in the prices at which different forms of the foreign like product are sold (or, in the absence of sales, offered for sale) in the exporting country sifter the issuance of an antidumping duty order may be considered by the administering authority as evidence of the establishment of a fictitious market for the foreign like product if the movement in such prices appears to reduce the amount by which the normal value exceeds the export price (or the constructed export price) of the subject merchandise. " (3) EXPORTATION FROM AN INTERMEDIATE COUNTRY. — Where the subject merchandise is exported to the United States fh)m an intermediate; country, normal value shall be determined in the intermediate country, except that normal value may be determined in the country of origin of the subject merchandise if— "(A) the prctducer knew at the time of the sale that the subject merclbiandise was destined for esroortation; "(B) the subject merchandise is merely transshipped through the intermediate country; "(C) sales of the foreign like product in the intermediate country do not satisfy the conditions of paragraph (1)(C); or "(D) the foreign like product is not produced in the intermediate country. "(4) USE OF CONSTRUCTED VALUE. —If the administering authority determines that the normal value of the subject merchandise carmot be determined under paragraph (IXBXi), then,
 * (C) THIRD COUNTRY SALES. —T h is subparagraph

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