Page:United States Statutes at Large Volume 108 Part 6.djvu/316

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108 STAT. 4884 PUBLIC LAW 103-465—DEC. 8, 1994 the exporting country. The administering authority, in making any determination under this paragraph, shall make adjustments for the difference between the cost of production (including taxes, labor, materials, and overhead) of the foreign like product produced in facilities outside the exporting country and costs of production of the foreign like product produced in facilities in the exporting country, if such differences are demonstrated to its satisfaction. For purposes of this subsection, in determining the normal value of the foreign like product produced in a country outside of the exporting country, the administering authority shall determine its price at the time of exportation from the exporting country and shall make any adjustments required by subsection (a) for 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 by reference to such costs in the exporting country. "(e) CONSTRUCTED VALUE.— For purposes of this tide, the constructed value of imported merchanoise shall be an amount equal to the sum of—

    • (1) the cost of materials and fabrication or other processing

of any kind employed in producing the merchandise, during a period which would ordinarily permit the production of the merchandise in the ordinary course of business; "(2)(A) the actual amounts incurred and realized by the specific exporter or producer being examined in the investigation or review for selling, general, and administrative expenses, and for profits, in connection with the production and sale of a forei^ like product, in the ordinary course of trade, for consiunption in the foreign country, or

    • (B) if actUEd data are not available with respect to the

amounts described in subparagraph (A), then— "(i) the actual amounts incurred and reahzed by the specific exporter or producer being examined in the investigation or review for seUing, general, and administrative expenses, and for profits, in connection with the production and sale, for consumption in the foreign country, of merchanchse that is in the same general category oi products as the subject merchandise, "(ii) the weighted average of the actual amounts incurred and realized by exporters or producers that are subject to the investigation or review (other than the exporter or producer described in clause (i)) for selling, general, and administrative expenses, and for profits, in connection with the production and sale of a foreign like product, in the ordinary course of trade, for consumption m the foreign country, or "(iii) the amounts incurred and realized for selling, genered, and administrative expenses, and for profits, based on any other reasonable method, except that the amount allowed for profit may not exceed the amount normally realized by exporters or producers (other than the exporter or producer described in clause (i)) in connection with the sale, for consumption in the foreign country, of merchandise that is in the same general category of products as the subject merchandise; and "(3) the cost of all containers and coverings of whatever nature, and all other expenses incidental to placing the subject