Page:United States Statutes at Large Volume 88 Part 2.djvu/731

 88

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PUBLIC LAW 93-618-JAN. 3, 1975

made at less than the cost of production and the remaining sales, made at not less than cost of production, are determined to be inadecpiate as a basis for the determination of forei<»n market value, the Secretary shall determine that no foreion market value exists and employ the constructed value of the merchandise in question. "(c) If available information indicates to the Secretary that the economy of the country from which the merchandise is exported is state-control led to an extent that sales or offers of sales of such or similar merchandise in that country or to countries other than the United States do not permit a determination of foreign market value under subsection (a), the Secretary shall determine the foreign market value of the merchandise on the basis of the nor-mal costs, expenses, and profits as reflected by either— "(1) the prices, determined in accordance with subsection (a) and section 202, at which such or similar merchandise of a nonstate-controlled-economy country or countries is sold either (A) for consumption in the home market of that country or countries, or (B) to other countries, including the United States; or "(2) the constructed value of such or similar merchandise in a non-state-controlled-economy country or countries as determined under section 206. " (d) Whenever, in the course of an investigation under this Act, the Secretary determines that— "(1) merchandise exported to the United States is being produced in facilities wdiich are owned or controlled, directly or indirectly, by a person, firm, or corporation which also owns or controls, directly or indirectly, other facilities for the production of such or similar merchandise which are located in another country or countries: "(2) the sales of such or similar merchandise by the company concerned in the home market of the exporting country are nonexistent or inadequate as a basis for comparison with the sales of the merchandise to the United States; and "(3) the foreign market value of such or similar merchandise produced in one or more of the facilities outside the country of exportation is higher than the foreign market value, or, if there is no foreign market value, the constructed value, of such or similar merchandise produced in the facilities located in the country of exportation, he shall determine the foreign market value of such merchandise by reference to the foreign market value at which such or similar merchandise is sold in substantial quantities by one or more facilities outside the country of exportation. The Secretary in making any determination under this paragraph, shall make adjustments for the difference between the costs of production (including taxes, labor, materials, and overhead) of such or similar merchandise produced in facilities outside the country of exportation and costs of production of such or similar merchandise produced in the facilities in the country of exportation, if such differences are demonstrated to his satisfaction. For the purpose of this subsection, in determining foreign market value of such or similar merchandise produced in a country outside of the country of exportation, the Secretary shall determine its price at the time of exportation from the country of exportation and shall make any adjustments required by section 205(a) for the cost of all containers and coverings and all other costs, char-ges, and expenses incident to placing the merchandise in condition packed

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19 USC les.

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