Page:United States Statutes at Large Volume 108 Part 6.djvu/324

 108 STAT. 4892 PUBLIC LAW 103-465—DEC. 8, 1994 " (2) DETERMINATION OF WHETHER PROCESS IS MINOR OR INSIGNIFICANT. — In determining whether the process of assembly or completion is itiinor or insignificant under psiragraph (I)(C), the administering authority shall take into account— "(A) the level of investment in the United States, "(B) the level of research and development in the United States, "(C) the nature of the production process in the United States, "(D) the extent of production facilities in the United States, and in the United States represents a small proportion of the value of the merchandise sold in the United States. "(3) FACTORS TO CONSIDER.— In determining whether to include narts or components in a countervaiHng or antidumping duty order or finding under paragraph (1), the administering authority shall take into account such factors as— "(A) the pattern of trade, includiag sourcing patterns, or components is affihated with the person who assembles or completes the merchandise sold in the United States fi:x)m the parts or components produced in the foreign country with respect to which the order or finding described in paragraph (1) applies, and "(C) whether imports into the United States of the parts or coniponents produced in such foreign country have mcreased after the initiation of the investigation which resulted in the issuance of such order or finding. " (b) MERCHANDISE COMPLETED OR ASSEMBLED IN OTHER FOR- EIGN COUNTRIES.— "(1) IN GENERAL. — If— "(A) merchandise imported into the United States is of the same class or kind as any merchandise produced in a foreign country that is the subject of— ^i) an antidumping duty order issued under section 736, "(ii) a finding issued under the Antidumping Act, 1921, or "(iii) a countervailing duty order issued under section 706 or section 303, "(B) before importation into the United States, such imported merchandise is completed or assembled in another foreign country fix)m merchandise which— "(i) is subject to such order or finding, or "(ii) is produced in the foreign counfiy with respect to which such order or finding applies, "(C) the process of assembly or completion in the foreign country referred to in subparagraph (B) is minor or insignificant, "(D) the value of the merchandise produced in the foreign countiy to which the antidumping duty order appHes is a significant portion of the total value of the merchandise exported to the United States, and "(E) the administering authority determines that action is appropriate under this paragraph to prevent evasion of such order or finding,
 * (E) whether the value of the processing performed
 * (B) whether the manufacturer or exporter of the parts

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