Page:United States Statutes at Large Volume 108 Part 6.djvu/318

 108 STAT. 4886 PUBLIC LAW 103-465—DEC. 8, 1994 obtain, analyze, and verify without delaying the timely completion of the investigation or review. For purposes of this subparagraph, the startup period ends at the point at wmch the level of commercial production that is characteristic of the merchandise, producer, or industry concerned is achieved. "(2) TRANSACTIONS DISREGARDED.— A transaction directly or indirectly between affiliated persons may be disregarded if, in the case of any element of value required to be considered, the amount representing that element does not fairly reflect the amount usually reflected in sales of merchandise under consideration in the msirket under consideration. If a transaction is disregarded under the preceding sentence and no other transactions are available for consideration, the determination of the amount shsili be based on the information available as to what the amount would have been if the transaction had occurred between persons who are not affiliated. "(3) MAJOR INPUT RULE. — If, in the case of a transaction between affiliated persons involving the production by one of such persons of a major input to the merchandise, the administering authority has resisonable grounds to beUeve or suspect that an amount represented as the value of such input is less than the cost of production of such input, then the administering authority may determine the value of the major input on the basis of the information available regarding such cost of production, if such cost is greater than the amount that would be determined for such input under paragraph (2).". SEC. 225. CURRENCY CONVERSION. (a) IN GENERAL.— Subtitie D of title VII (19 U.S.C. 1677 et seq.) is amended by inserting after section 773 the following new section: 19 USC 1677b-l. "SEC. 773A. CURRENCY CONVERSION. "(a) IN GENERAL.— In an antidumping proceeding under this title, the administering authority shall convert foreign currencies into United States dollars using the exchange rate in effect on the date of sale of the subject merchandise, except that, if it is established that a currency transaction on forward markets is directiy Hnked to an export sale under consideration, the exchange rate specified with respect to such currency in the forward sale agreement shall be used to convert the foreign currency. Fluctuations in exchange rates shall be ignored. " (b) SUSTAINED MOVEMENT IN FOREIGN CURRENCY VALUE,— In an investigation under subtitie B, if there is a sustained movement in the value of the foreign currency relative to the United States dollar, the administering authority shall allow exporters at least 60 days to adjust their export prices to reflect such sustained movement". (b) CONFORMING AMENDMENT.— The table of contents for title VII is amended by inserting after the item relating to section 773 the following new item: "Sec. 773A. Cvirrency conversion.". SEC. 226. PROPRIETARY AND NONPROPRIETARY INFORMATION. (a) PROPRIETARY STATUS MAINTAINED.— (1) IN GENERAL.— Section 777(b)(1) (19 U.S.C. 1677f(b)(l)) is amended to read as follows:

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