Page:United States Statutes at Large Volume 72 Part 1.djvu/626

 584

Poat. p. 586.

PUBLIC LAW 85-630-AUG. 14, 1958

sale in the principal markets of the United States in the ordinary course of trade, are less or are greater than the wholesale quantities in which such or similar merchandise is sold or, in the absence of sales, offered for sale in the principal markets of the country of exportation in the ordinary course of trade for home consumption (or, if not so sold or offered for sale for home consumption, then for exportation to countries other than the United States), "(2) other differences in circumstances of sale, or "(3) the fact that merchandise described in subdivision (C), (D), (E), or (F) of section 212(3) is used in determining foreign market value, then due allowance shall be made therefor." SEC. 3. The heading and text of section 205 of the Antidumping Act, 1921 (19 U.S.C. 164), are amended to read as follows: II

19 USC 166.

[72 S T A T.

FOREIGN MARKET VALUE

"SEC. 205. For the purposes of this title, the foreign market value of imported merchandise shall be the price, at the time of exportation of such merchandise to the United States, at which such or similar merchandise is sold or, in the absence of sales, offered for sale in the principal markets of the country from which exported, in the usual wholesale quantities and in the ordinary course of trade for home consumption (or, if not so sold or offered for sale for home consumption, or if the Secretary determines that the (juantity sold for home consumption is so small in relation to the quantity sold for exportation to countries other than the United States as to form an inadequate basis for comparison, then the price at which so sold or offered for sale for exportation to countries other than the United States), plus, when not included in such price, the cost of all containers and coverings and all other costs, charges, and expenses incident to placing the merchandise in condition packed ready for shipment to the United States, except that in the case of merchandise purchased or agreed to be purchased by the person by whom or for whose account uie merchandise is imported, prior to the time of exportation, the foreign market value shall be ascertained as of the date of such purchase or agreement to purchase. I n the ascertainment of foreign market value for the purposes of this title no pretended sale or oflfer for sale, and no sale or offer for sale intended to establish a fictitious market, shall be taken into account. I f such or similar merchandise is sold or, in the absence of sales, offered for sale through a sales agency or other organization related to the seller in any of the respects described in section 207, the prices at which such or similar merchandise is sold or, in the absence of sales, offered for sale by such sales agency or other organization may be used in determining the foreign market value." SEC. 4. (a) The heading and text of section 206 of the Antidumping Act, 1921 (19 U.S.C. 165), are amended to read as follows: ((CONSTRUCTED

VALUE

"SEC. 206. (a) For the purposes of this title, the constructed value of imported merchandise shall be the sum of— " (1) the cost of materials (exclusive of any internal tax applicable in the country of exportation directly to such materials or their disposition, but remitted or refunded upon the exportation of the article in the production of which such materials are used) and of fabrication or other processing of any kind employed in producing such or similar merchandise, at a time preceding the

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