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19 U.S.C. § 1677f–1 — Sampling and averaging; determination of weighted average dumping margin and countervailable subsidy rate

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1677f–1 — Sampling and averaging; determination of weighted average dumping margin and countervailable subsidy rate

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Source file: Laws/federal/codes/united-states-code/title-19/section-1677f1-sampling-and-averaging-determination-of-weighted-average-dumping-margin--51d04dde70.md
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Source location: Title 19, Chapter 4, § 1677f–1; chapter-004-tariff-act-of-1930.md

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**(a) In general** For purposes of determining the export price (or constructed export price) under [section 1677a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677a&num=0&edition=prelim) or the normal value under [section 1677b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677b&num=0&edition=prelim), and in carrying out reviews under [section 1675 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675&num=0&edition=prelim), the administering authority may— (1) use averaging and statistically valid samples, if there is a significant volume of sales of the subject merchandise or a significant number or types of products, and (2) decline to take into account adjustments which are insignificant in relation to the price or value of the merchandise. **(b) Selection of averages and samples** The authority to select averages and statistically valid samples shall rest exclusively with the administering authority. The administering authority shall, to the greatest extent possible, consult with the exporters and producers regarding the method to be used to select exporters, producers, or types of products under this section. **(c) Determination of dumping margin** (1) **General rule** — In determining weighted average dumping margins under section 1673b(d), 1673d(c), or 1675(a) of this title, the administering authority shall determine the individual weighted average dumping margin for each known exporter and producer of the subject merchandise. (2) **Exception** — If it is not practicable to make individual weighted average dumping margin determinations under paragraph (1) because of the large number of exporters or producers involved in the investigation or review, the administering authority may determine the weighted average dumping margins for a reasonable number of exporters or producers by limiting its examination to— (A) a sample of exporters, producers, or types of products that is statistically valid based on the information available to the administering authority at the time of selection, or (B) exporters and producers accounting for the largest volume of the subject merchandise from the exporting country that can be reasonably examined. **(d) Determination of less than fair value** (1) **Investigations** (A) *In general* — In an investigation under part II of this subtitle, the administering authority shall determine whether the subject merchandise is being sold in the United States at less than fair value— (i) by comparing the weighted average of the normal values to the weighted average of the export prices (and constructed export prices) for comparable merchandise, or (ii) by comparing the normal values of individual transactions to the export prices (or constructed export prices) of individual transactions for comparable merchandise. (B) *Exception* — The administering authority may determine whether the subject merchandise is being sold in the United States at less than fair value by comparing the weighted average of the normal values to the export prices (or constructed export prices) of individual transactions for comparable merchandise, if— (i) there is a pattern of export prices (or constructed export prices) for comparable merchandise that differ significantly among purchasers, regions, or periods of time, and (ii) the administering authority explains why such differences cannot be taken into account using a method described in paragraph (1)(A)(i) or (ii). (2) **Reviews** — In a review under [section 1675 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675&num=0&edition=prelim), when comparing export prices (or constructed export prices) of individual transactions to the weighted average price of sales of the foreign like product, the administering authority shall limit its averaging of prices to a period not exceeding the calendar month that corresponds most closely to the calendar month of the individual export sale. **(e) Determination of countervailable subsidy rate** (1) **General rule** — In determining countervailable subsidy rates under section 1671b(d), 1671d(c), or 1675(a) of this title, the administering authority shall determine an individual countervailable subsidy rate for each known exporter or producer of the subject merchandise. (2) **Exception** — If the administering authority determines that it is not practicable to determine individual countervailable subsidy rates under paragraph (1) because of the large number of exporters or producers involved in the investigation or review, the administering authority may— (A) determine individual countervailable subsidy rates for a reasonable number of exporters or producers by limiting its examination to— (i) a sample of exporters or producers that the administering authority determines is statistically valid based on the information available to the administering authority at the time of selection, or (ii) exporters and producers accounting for the largest volume of the subject merchandise from the exporting country that the administering authority determines can be reasonably examined; or (B) determine a single country-wide subsidy rate to be applied to all exporters and producers. The individual countervailable subsidy rates determined under subparagraph (A) shall be used to determine the all-others rate under [section 1671d(c)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671d/c/5&num=0&edition=prelim). **(f) Adjustment of antidumping duty in certain proceedings relating to imports from nonmarket economy countries** (1) **In general** — If the administering authority determines, with respect to a class or kind of merchandise from a nonmarket economy country for which an antidumping duty is determined using normal value pursuant to [section 1677b(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677b/c&num=0&edition=prelim), that— (A) pursuant to [section 1671(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671/a/1&num=0&edition=prelim), a countervailable subsidy (other than an export subsidy referred to in [section 1677a(c)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677a/c/1/C&num=0&edition=prelim)) has been provided with respect to the class or kind of merchandise, (B) such countervailable subsidy has been demonstrated to have reduced the average price of imports of the class or kind of merchandise during the relevant period, and (C) the administering authority can reasonably estimate the extent to which the countervailable subsidy referred to in subparagraph (B), in combination with the use of normal value determined pursuant to [section 1677b(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677b/c&num=0&edition=prelim), has increased the weighted average dumping margin for the class or kind of merchandise, the administering authority shall, except as provided in paragraph (2), reduce the antidumping duty by the amount of the increase in the weighted average dumping margin estimated by the administering authority under subparagraph (C). (2) **Maximum reduction in antidumping duty** — The administering authority may not reduce the antidumping duty applicable to a class or kind of merchandise from a nonmarket economy country under this subsection by more than the portion of the countervailing duty rate attributable to a countervailable subsidy that is provided with respect to the class or kind of merchandise and that meets the conditions described in subparagraphs (A), (B), and (C) of paragraph (1).

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1671 — Countervailing duties imposed

**(a) General rule** If— (1) the administering authority determines that the government of a country or any public entity within the territory of a country is providing, directly or indirectly, a countervailable subsidy with respect to the manufacture, production, or export of a class or kind of merchandise imported, or sold (or likely to be sold) for importation, into the United States, and (2) in the case of merchandise imported from a Subsidies Agreement country, the Commission determines that— (A) an industry in the United States— (i) is materially injured, or (ii) is threatened with material injury, or (B) the establishment of an industry in the United States is materially retarded, by reason of imports of that merchandise or by reason of sales (or the likelihood of sales) of that merchandise for importation, then there shall be imposed upon such merchandise a countervailing duty, in addition to any other duty imposed, equal to the amount of the net countervailable subsidy. For purposes of this subsection and [section 1671d(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671d/b/1&num=0&edition=prelim), a reference to the sale of merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise. **(b) Subsidies Agreement country** For purposes of this subtitle, the term “Subsidies Agreement country” means— (1) a WTO member country, (2) a country which the President has determined has assumed obligations with respect to the United States which are substantially equivalent to the obligations under the Subsidies Agreement, or (3) a country with respect to which the President determines that— (A) there is an agreement i

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 3538 — Access to WTO dispute settlement process

**(a) In general** Whenever the United States is a party before a dispute settlement panel established pursuant to Article 6 of the Dispute Settlement Understanding, the Trade Representative shall, at each stage of the proceeding before the panel or the Appellate Body, consult with the appropriate congressional committees, the petitioner (if any) under [section 2412(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2412/a&num=0&edition=prelim) with respect to the matter that is the subject of the proceeding, and relevant private sector advisory committees established under [section 2155 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2155&num=0&edition=prelim), and shall consider the views of representatives of appropriate interested private sector and nongovernmental organizations concerning the matter. **(b) Notice and public comment** In any proceeding described in subsection (a), the Trade Representative shall— (1) promptly after requesting the establishment of a panel, or receiving a request from another WTO member country for the establishment of a panel, publish a notice in the Federal Register— (A) identifying the initial parties to the dispute, (B) setting forth the major issues raised by the country requesting the establishment of a panel and the legal basis of the complaint, (C) identifying the specific measures, including any State or Federal law cited in the request for establishment of the panel, and (D) seeking written comments from the public concerning the issues raised in the dispute; and (2) take into account any advice received from appropriate congressional committees and relevant private sector advisory committees referred to in subsection (a), and

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1677b — Normal value

**(a) Determination** In determining under this subtitle whether subject merchandise is being, or is likely to be, sold at less than fair value, a fair comparison shall be made between the export price or constructed export price and normal value. In order to achieve a fair comparison with the export price or constructed export price, normal value shall be determined as follows: (1) **Determination of normal value** (A) *In general* — The normal value of the subject merchandise shall be the price described in subparagraph (B), at a time reasonably corresponding to the time of the sale used to determine the export price or constructed export price under section 1677a(a) or (b) of this title. (B) *Price* — The price referred to in subparagraph (A) is— (i) the price at which the foreign like product is first sold (or, in the absence of a sale, offered for sale) for consumption in the exporting country, in the usual commercial quantities and in the ordinary course of trade and, to the extent practicable, at the same level of trade as the export price or constructed export price, or (ii) in a case to which subparagraph (C) applies, the price at which the foreign like product is so sold (or offered for sale) for consumption in a country other than the exporting country or the United States, if— (I) such price is representative, (II) the aggregate quantity (or, if quantity is not appropriate, value) of the foreign like product sold by the exporter or producer in such other country is 5 percent or more of the aggregate quantity (or value) of the subject merchandise sold in the United States or for export to the United States, and (III) the administering authority does not determine that the particular market situation prevents a proper comp

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1677a — 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 agreed 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 affiliated with the producer or exporter, to a purchaser not affiliated with the producer or exporter, 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 shall 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 shipment 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 countervailing duty imposed on the subject merchandise under part I of this subtitle 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, charges, or expenses, and United States import dut

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1675 — Administrative review of determinations

**(a) Periodic review of amount of duty** (1) **In general** — At least once during each 12-month period beginning on the anniversary of the date of publication of a countervailing duty order under this subtitle or under section 1303 11 See References in Text note below. of this title, an antidumping duty order under this subtitle or a finding under the Antidumping Act, 1921, or a notice of the suspension of an investigation, the administering authority, if a request for such a review has been received and after publication of notice of such review in the Federal Register, shall— (A) review and determine the amount of any net countervailable subsidy, (B) review, and determine (in accordance with paragraph (2)), the amount of any antidumping duty, and (C) review the current status of, and compliance with, any agreement by reason of which an investigation was suspended, and review the amount of any net countervailable subsidy or dumping margin involved in the agreement, and shall publish in the Federal Register the results of such review, together with notice of any duty to be assessed, estimated duty to be deposited, or investigation to be resumed. (2) **Determination of antidumping duties** (A) *In general* — For the purpose of paragraph (1)(B), the administering authority shall determine— (i) the normal value and export price (or constructed export price) of each entry of the subject merchandise, and (ii) the dumping margin for each such entry. (B) *Determination of antidumping or countervailing duties for new exporters and producers* (i) *In general* — If the administering authority receives a request from an exporter or producer of the subject merchandise establishing that— (I) such exporter or producer did not export the merc

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