Page:United States Statutes at Large Volume 72 Part 1.djvu/628

 586

Applicability.

PUBLIC LAW 86-630-AUG. 14, 1958

[T2 S T A T.

" (B) in the ordinary course of trade to one or more selected purchasers at wholesale at a price which fairly reflects the market value of the merchandise, without regard to restrictions as to the disposition or use of the merchandise by the purchaser except that, where such restrictions are found to affect the market value of the merchandise, adjustment shall be made therefor in calculating the price at which the merchadise is sold or offered for sale. "(2) The term 'ordinary course of trade'means the conditions and practices which, for a reasonable time prior to the exportation of the merchandise under consideration, have been normal in the trade under consideration with respect to merchandise of the same class or kind as the merchandise under consideration. "(3) The term 'such or similar merchandise' means merchandise in the first of the following categories in respect of which a determination for the purposes of this title can be satisfactorily made: " (A) The merchandise under consideration and other merchandise which is identical in physical characteristics with, and was produced in the same country by the same person as, the merchandise under consideration. " (B) Merchandise which is identical in physical characteristics with, and was produced by another person in the same country as, the merchandise under consideration. " (C) Merchandise (i) produced in the same country and by the same person as the merchandise under consideration, (ii) like the merchandise under consideration in component material or materials and in the purposes for which used, and (iii) approximateljjr equal in commercial value to the merchandise under consideration. " (D) Merchandise which satisfies all the requirements of subdivision (C) except that it was produced by another person. " (E) Merchandise (i) produced in the same country and by the same person and of the same general class or kind as the merchandise under consideration, (ii) like the merchandise under consideration in the purposes for which used, and (iii) which the Secretary or his delegate determines may reasonably be compared for the purposes of this title with the merchandise under consideration. " (F) Merchandise which satisfies all the requirements of subdivision (E) except that it was produced by another person. "(4) The term 'usual wholesale quantities', in any case in which the merchandise in respect of which value is being determined is sold in the market under consideration at different prices for different quantities, means the quantities in which such merchandise is there sold at the price or prices for one quantity in an aggregate volume which is greater than the aggregate volume sold at the price or prices for any other quantity." gjjc. 6. The amendments made by this Act shall apply with respect to all merchandise as to which no appraisement report has been made on or before the date of the enactment of this Act; except that such amendments shall not apply with respect to any merchandise which— (1) was exported from the country of exportation before the date of the enactment of this Act, and

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