Page:United States Statutes at Large Volume 72 Part 1.djvu/627

 72 STAT.]

PUBLIC LAW 86-630-AUG. U, 1968

date of exportation of the merchandise under consideration which would ordinarily permit the production of that particular merchandise in the ordinary course of business; "(2) an amount for general expenses and profit equal to that usually reflected in sales of merchandise of the same general class or kind as the merchandise under consideration which are made by producers in the country of exportation, in the usual wholesale quantities and in the ordinary course of trade, except that (A) the amount for general expenses shall not be less than 10 per centum of the cost as defined in paragraph (1), and (B) the amount for profit shall not be less than 8 per centum of the sum of such general expenses and cost; and "(3) the cost 01 all containers and coverings of whatever nature, and all other expenses incidental to placing the merchandise under consideration m condition, packed ready for shipment to the United States. "(b) For the purposes of this section, a transaction directly or indirectly between persons specified in any one of the paragraphs in subsection (c) of tnis section 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 in the market under consideration of merchandise of the same general class or kind as the merchandise under consideration. If a transaction is disregarded under the preceding sentence and there are no other transactions available for consideration, then the determination of the amount required to be considered shall be based on the best evidence available as to what the amount would have been if the transaction had occurred between persons not specified in any one of the paragraphs in subsection (c). "(c) The persons referred to in subsection (b) are: "(1) Members of a family, including brothers and sisters (whether by the whole or half blood), spouse, ancestors, and lineal descendants; " (2) Any officer or director of an organization and such organition; "(3) Partners; "(4) Employer and employee; "(5) Any person directly or indirectly owning, controlling, or holding with power to vote, 5 per centum or more of the outstanding voting stock or shares of any organization and such organization; and " (6) Two or more persons directly or indirectly controlling, controlled by, or under common control with, any person." (b) Sections 201(b), 202 (a), 209, and 210 of the Antidumping Act, 1921 (19 U.S.C. secs. 160 (b), 161 (a), 168, and 169), are amended by striking out "cost of production" each place it appears and inserting in lieu thereof "constructed value". SEC. 5. Section 212 of the Antidumping Act, 1921 (19 U.S.C. 171), is renumbered as section 213, and such Act is amended by inserting after section 211 the following: "DEFINITIONS

"SEC. 212. For the purposes of this title— "(1) The term 'sold or, in the absentc of sales, offered for sale' means sold or, in the absence of sales, offered— " (A) to all purchasers at wholesale, or

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