Page:United States Statutes at Large Volume 93.djvu/233

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PUBLIC LAW 96-000—MMMM. DD, 1979

PUBLIC LAW 96-39-JULY 26, 1979

93 STAT. 201

"(I) was supplied free or at reduced cost by the buyer of the merchandise for use in connection with the production or the sale for export to the United States of the merchandise; and "(ID is not an assist because undertaken within the United States. "(3) The term 'packing costs' means the cost of all containers and coverings of whatever nature and of packing, whether for labor or materials, used in placing merchandise in condition, packed ready for shipment to the United States. ' '(4) The term 'similar merchandise' means— "(A) merchandise that— "(i) was produced in the same country and by the same person as the merchandise being appraised, "(ii) is like the merchandise being appraised in characteristics and component material, and "(iii) is commercially interchangeable with the merchandise being appraised; or "(B) if merchandise meeting the requirements under subparagraph (A) cannot be found (or for purposes of applying subsection (b)(2)(B)(i), regardless of whether merchandise meeting such requirements can be found), merchandise that— "(i) was produced in the same country as, but not produced by the same person as, the merchandise being appraised, and "(ii) meets the requirement set forth in subparagraph (A)(ipand(iii). Such term does not include merchandise that incorporates or reflects any engineering, development, artwork, design work, or plan or sketch that— "(I) was supplied free or at reduced cost by the buyer of the merchandise for use in connection with the production or the sale for export to the United States of the merchandise; and "(II) is not an assist because undertaken within the United States. "(5) The term 'sufficient information*, when required under this section for determining— "(A) any amount— "(i) added under subsection (b)(1) to the price actually paid or payable, "(ii) deducted under subsection (d)(3) as profit or general expense or value from further processing, or "(iii) added under subsection (e)(2) as profit or general expense; "(B) any difference taken into account for purposes of subsection (b)(2)(C); or "(C) any adjustment made under subsection (c)(2); means information that establishes the accuracy of such amount, difference, or adjustment.", (b) REPEAL OF EXISTING ALTERNATIVE VALUATION STANDARDS.—

Section 402a of the Tariff Act of 1930 (19 U.S.C. 1402) is repealed. SEC. 202. CONFORMING AMENDMENTS.

(a) TARIFF ACT OF 1930.—The Tariff Act of 1930 (19 U.S.C. 1202 et seq.) is amended as follows: (1) Paragraph (2) of section 332(e) is amended to read as follows: 19 USC 1332.