Page:United States Statutes at Large Volume 108 Part 6.djvu/313

 PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4881 export price and normal value, if the difference in level of trade— "(i) involves the performance of different selling activities; and "(ii) is demonstrated to affect price comparability, based on a pattern of consistent price differences between sales at different levels of trade in the country in which normal value is determined. In a case described in the preceding sentence, the amount of the adjustment shall be based on the price differences between the two levels of trade in the country in which normal value is determined. "(B) CONSTRUCTED EXPORT PRICE OFFSET.When normal value is established at a level of trade which constitutes a more advanced stage of distribution than the level of trade of the constructed export price, but the data available do not provide an appropriate basis to determine under subparjigraph (A)(ii) a level of trade adjustment, normal value snail be reduced by the amount of indirect selling expenses inciured in the country in which normal value is determined on sales of the foreign like product but not more than the amount of such expenses for which a deduction is made under section 772(d)(I)(D). "(8) ADJUSTMENTS TO CONSTRUCTED VALUE.— Constructed value as determined under subsection (e), may be adjusted, as appropriate, pursuant to this subsection. " (b) SALES AT LESS THAN COST OF PRODUCTION.— "(1) DETERMINATION; SALES DISREGARDED.— Whenever the administering authority has reasonable grounds to beUeve or suspect that sales of me foreign like product under consideration for the detenmnation of normal value have been made at prices which represent less than the cost of production of mat product, the administering authori^ shall determine whether, in fact, such sales were made at less than the cost of production. If the administering authority determines that sales made at less than the cost of production— "(A) have been made within an extended period of time in substantial quantities, and "(B) were not at prices which permit recovery of all costs within a reasonable period of time, such sales may be disregarded in the determination of normal value. Whenever such sales are disregarded, normal value shall be based on the remaining sales of the foreign like product in the ordinary course of trade. If no sales made in the ordinary course of traae remain, the normal value shall be based on the constructed value of the merchandise. "(2) DEFINITIONS AND SPECIAL RULES. —For pmposes of this subsection— "(A) REASONABLE GROUNDS TO BELIEVE OR SUSPECT.— There are reasonable grounds to beUeve or suspect that sales of the foreign like product were made at prices that are less than the cost of production of the product, if— "(i) in an investigation initiated under section 732 or a review conducted under section 751, an interested party described in subparagraph (C), (D), (E), (F), or (G) of section 771(9) provides information, based upon observed prices or constructed prices or costs, mat

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