108 STAT. 4876 PUBLIC LAW 103-465—DEC. 8, 1994 For purposes of this paragraph, a person shall be considered to control another person if the person is legally or operationally in a position to exercise restraint or direction over the otiier person. "(34) DUMPED; DUMPING.— The terms 'dumped' and *dumping* refer to the sale or likely sale of goods at less than fair value.". (2) EXPORTER.— Paragraph (13) of section 771 (19 U.S.C. 1677(13)) is repealed. SEC. 223. EXPORT PRICE AND CONSTRUCTED EXPORT PRICE. Section 772 (19 U.S.C. 1677a) is amended to read as follows: "SEC. 772. EXPORT PRICE AND CONSTRUCTED EXPORT PRICE. "(a) EXPORT PRICE.—The term 'export price' means the price at which the subject merchandise is first sold (or sigreed to be sold) before the date of importation by the producer or exporter of the subject merchandise outside of the United States to an unaffiliated purchaser in the United States or to an unaffiliated purchaser for exportation to the United States, as adjusted under subsection (c). "(b) CONSTRUCTED EXPORT PRICE. —The term 'constructed export price' means the price at which the subject merchandise is first sold (or agreed to be sold) in the United States before or after the date of importation by or for the account of the producer or exporter of such merchandise or by a seller siffiliated with the producer or exporter, to a purchaser not affiliated with the producer or ejcporter, as adjusted under subsections (c) and (d). (c) ADJUSTMENTS FOR EXPORT PRICE AND CONSTRUCTED EXPORT PRICE.—The price used to establish export price and constructed export price snail be— "(1) increased by— "(A) when not included in such price, the cost of all containers and coverings and all other costs, charges, and expenses incident to placing the subject merchandise in condition packed ready for snipment to the United States, "(B) the amount of any import duties imposed by the country of exportation which have been rebated, or which have not been collected, by reason of the exportation of the subject merchandise to the United States, and "(C) the amount of any countervEuling duty imposed on the subject merchandise under subtitle A to offset an export subsidy, and "(2) reduced by— "(A) except as provided in paragraph (1)(C), the amount, if any, included in such price, attributable to any additional costs, chjirges, or expenses, and United States import duties, which are incident to bringing the subject merchandise from the original place of snipment in the exporting country to the place of delivery in the United States, and "(B) the amount, if included in such price, of any export tax, duty, or other charge imposed by the exporting country on the exportation of the subject merchandise to the United States, other than an export tax, duty, or other charge described in section 771(6)(C).
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