19 U.S.C. § 1677b — Normal value

Page 399 TITLE 19—CUSTOMS DUTIES § 1677b (A) Applicable percentage The term ‘‘applicable percentage’’ means the percentage determined by dividing the total United States expenses by the total ex- penses. (B) Total United States expenses The term ‘‘total United States expenses’’ means the total expenses described in sub- section (d)(1) and (2). (C) Total expenses The term ‘‘total expenses’’ means all ex- penses in the first of the following cat- egories which applies and which are incurred by or on behalf of the foreign producer and foreign exporter of the subject merchandise and by or on behalf of the United States sell- er affiliated with the producer or exporter with respect to the production and sale of such merchandise: (i) The expenses incurred with respect to the subject merchandise sold in the United States and the foreign like product sold in the exporting country if such expenses were requested by the administering au- thority for the purpose of establishing nor- mal value and constructed export price. (ii) The expenses incurred with respect to the narrowest category of merchandise sold in the United States and the export- ing country which includes the subject merchandise. (iii) The expenses incurred with respect to the narrowest category of merchandise sold in all countries which includes the subject merchandise. (D) Total actual profit The term ‘‘total actual profit’’ means the total profit earned by the foreign producer, exporter, and affiliated parties described in subparagraph (C) with respect to the sale of the same merchandise for which total ex- penses are determined under such subpara- graph. (June 17, 1930, ch. 497, title VII, § 772, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 181; amended Pub. L. 98–573, title VI, § 614, Oct. 30, 1984, 98 Stat. 3036; Pub. L. 103–465, title II, § 223, Dec. 8, 1994, 108 Stat. 4876.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–465 amended section generally, sub- stituting present provisions for provisions defining ‘‘United States price’’, ‘‘purchase price’’, and ‘‘export- er’s sales price’’ and providing for adjustments to pur- chase price and exporter’s sales price. 1984—Subsec. (b). Pub. L. 98–573 inserted ‘‘a reseller or’’ before ‘‘the manufacturer’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), and applicable with respect to in- vestigations, reviews, and inquiries initiated and peti- tions filed under specified provisions of this chapter after such date, see section 291 of Pub. L. 103–465, set out as a note under section 1671 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–573 effective Oct. 30, 1984, see section 626(a) of Pub. L. 98–573, set out as a note under section 1671 of this title. § 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 con- structed 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 merchan- dise shall be the price described in subpara- graph (B), at a time reasonably cor- responding 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 com- mercial quantities and in the ordinary course of trade and, to the extent prac- ticable, 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 quan- tity is not appropriate, value) of the for- eign like product sold by the exporter or producer in such other country is 5 per- cent 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 mar- ket situation prevents a proper compari- son with the export price or constructed export price. (C) Third country sales This subparagraph applies when— (i) the foreign like product is not sold (or offered for sale) for consumption in the ex- porting country as described in subpara- graph (B)(i), (ii) the administering authority deter- mines that the aggregate quantity (or, if quantity is not appropriate, value) of the foreign like product sold in the exporting country is insufficient to permit a proper comparison with the sales of the subject merchandise to the United States, or Page 400 TITLE 19—CUSTOMS DUTIES § 1677b (iii) the particular market situation in the exporting country does not permit a proper comparison with the export price or constructed export price. For purposes of clause (ii), the aggregate quantity (or value) of the foreign like prod- uct sold in the exporting country shall nor- mally be considered to be insufficient if such quantity (or value) is less than 5 percent of the aggregate quantity (or value) of sales of the subject merchandise to the United States. (2) Fictitious markets No pretended sale or offer for sale, and no sale or offer for sale intended to establish a fictitious market, shall be taken into account in determining normal value. The occurrence of different movements in the prices at which different forms of the foreign like product are sold (or, in the absence of sales, offered for sale) in the exporting country after the issuance of an antidumping duty order may be considered by the administering authority as evidence of the establishment of a fictitious market for the foreign like product if the movement in such prices appears to reduce the amount by which the normal value exceeds the export price (or the constructed export price) of the subject merchandise. (3) Exportation from an intermediate country Where the subject merchandise is exported to the United States from an intermediate country, normal value shall be determined in the intermediate country, except that normal value may be determined in the country of ori- gin of the subject merchandise if— (A) the producer knew at the time of the sale that the subject merchandise was des- tined for exportation; (B) the subject merchandise is merely transshipped through the intermediate coun- try; (C) sales of the foreign like product in the intermediate country do not satisfy the con- ditions of paragraph (1)(C); or (D) the foreign like product is not pro- duced in the intermediate country. (4) Use of constructed value If the administering authority determines that the normal value of the subject merchan- dise cannot be determined under paragraph (1)(B)(i), then, notwithstanding paragraph (1)(B)(ii), the normal value of the subject mer- chandise may be the constructed value of that merchandise, as determined under subsection (e). (5) Indirect sales or offers for sale If the foreign like product is sold or, in the absence of sales, offered for sale through an af- filiated party, the prices at which the foreign like product is sold (or offered for sale) by such affiliated party may be used in deter- mining normal value. (6) Adjustments The price described in paragraph (1)(B) shall be— (A) increased by 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) reduced by— (i) when included in the price described in paragraph (1)(B), the cost of all con- tainers and coverings and all other costs, charges, and expenses incident to placing the foreign like product in condition packed ready for shipment to the place of delivery to the purchaser, (ii) the amount, if any, included in the price described in paragraph (1)(B), attrib- utable to any additional costs, charges, and expenses incident to bringing the for- eign like product from the original place of shipment to the place of delivery to the purchaser, and (iii) the amount of any taxes imposed di- rectly upon the foreign like product or components thereof which have been re- bated, or which have not been collected, on the subject merchandise, but only to the extent that such taxes are added to or in- cluded in the price of the foreign like prod- uct, and (C) increased or decreased by the amount of any difference (or lack thereof) between the export price or constructed export price and the price described in paragraph (1)(B) (other than a difference for which allowance is otherwise provided under this section) that is established to the satisfaction of the administering authority to be wholly or partly due to— (i) the fact that the quantities in which the subject merchandise is sold or agreed to be sold to the United States are greater than or less than the quantities in which the foreign like product is sold, agreed to be sold, or offered for sale, (ii) the fact that merchandise described in subparagraph (B) or (C) of section 1677(16) of this title is used in determining normal value, or (iii) other differences in the cir- cumstances of sale. (7) Additional adjustments (A) Level of trade The price described in paragraph (1)(B) shall also be increased or decreased to make due allowance for any difference (or lack thereof) between the export price or con- structed export price and the price described in paragraph (1)(B) (other than a difference for which allowance is otherwise made under this section) that is shown to be wholly or partly due to a difference in level of trade between the export price or constructed ex- port price and normal value, if the difference in level of trade— (i) involves the performance of different selling activities; and (ii) is demonstrated to affect price com- parability, based on a pattern of consistent price differences between sales at different levels of trade in the country in which nor- mal value is determined. In a case described in the preceding sen- tence, the amount of the adjustment shall be Page 401 TITLE 19—CUSTOMS DUTIES § 1677b based on the price differences between the two levels of trade in the country in which normal value is determined. (B) Constructed export price offset When normal value is established at a level of trade which constitutes a more ad- vanced stage of distribution than the level of trade of the constructed export price, but the data available do not provide an appro- priate basis to determine under subpara- graph (A)(ii) a level of trade adjustment, normal value shall be reduced by the amount of indirect selling expenses incurred in the country in which normal value is de- termined on sales of the foreign like product but not more than the amount of such ex- penses for which a deduction is made under section 1677a(d)(1)(D) of this title. (8) Adjustments to constructed value Constructed value as determined under sub- section (e), may be adjusted, as appropriate, pursuant to this subsection. (b) Sales at less than cost of production (1) Determination; sales disregarded Whenever the administering authority has reasonable grounds to believe or suspect that sales of the foreign like product under consid- eration for the determination of normal value have been made at prices which represent less than the cost of production of that product, the administering authority shall determine whether, in fact, such sales were made at less than the cost of production. If the admin- istering authority determines that sales made at less than the cost of production— (A) have been made within an extended pe- riod of time in substantial quantities, and (B) were not at prices which permit recov- ery of all costs within a reasonable period of time, such sales may be disregarded in the deter- mination of normal value. Whenever such sales are disregarded, normal value shall be based on the remaining sales of the foreign like product in the ordinary course of trade. If no sales made in the ordinary course of trade remain, the normal value shall be based on the constructed value of the merchandise. (2) Definitions and special rules For purposes of this subsection— (A) Reasonable grounds to believe or suspect (i) Review In a review conducted under section 1675 of this title involving a specific exporter, there are reasonable grounds to believe or suspect that sales of the foreign like prod- uct have been made at prices that are less than the cost of production of the product if the administering authority disregarded some or all of the exporter’s sales pursuant to paragraph (1) in the investigation or, if a review has been completed, in the most recently completed review. (ii) Requests for information In an investigation initiated under sec- tion 1673a of this title or a review con- ducted under section 1675 of this title, the administering authority shall request in- formation necessary to calculate the con- structed value and cost of production under subsections (e) and (f) to determine whether there are reasonable grounds to believe or suspect that sales of the foreign like product have been made at prices that represent less than the cost of production of the product. (B) Extended period of time The term ‘‘extended period of time’’ means a period that is normally 1 year, but not less than 6 months. (C) Substantial quantities Sales made at prices below the cost of pro- duction have been made in substantial quan- tities if— (i) the volume of such sales represents 20 percent or more of the volume of sales under consideration for the determination of normal value, or (ii) the weighted average per unit price of the sales under consideration for the de- termination of normal value is less than the weighted average per unit cost of pro- duction for such sales. (D) Recovery of costs If prices which are below the per unit cost of production at the time of sale are above the weighted average per unit cost of pro- duction for the period of investigation or re- view, such prices shall be considered to pro- vide for recovery of costs within a reason- able period of time. (3) Calculation of cost of production For purposes of this part, the cost of produc- tion shall be an amount equal to the sum of— (A) the cost of materials and of fabrication or other processing of any kind employed in producing the foreign like product, during a period which would ordinarily permit the production of that foreign like product in the ordinary course of business; (B) an amount for selling, general, and ad- ministrative expenses based on actual data pertaining to production and sales of the for- eign like product by the exporter in ques- tion; and (C) the cost of all containers and coverings of whatever nature, and all other expenses incidental to placing the foreign like prod- uct in condition packed ready for shipment. For purposes of subparagraph (A), if the nor- mal value is based on the price of the foreign like product sold for consumption in a country other than the exporting country, the cost of materials shall be determined without regard to any internal tax in the exporting country imposed on such materials or their disposition which are remitted or refunded upon expor- tation. (c) Nonmarket economy countries (1) In general If— (A) the subject merchandise is exported from a nonmarket economy country, and Page 402 TITLE 19—CUSTOMS DUTIES § 1677b (B) the administering authority finds that available information does not permit the normal value of the subject merchandise to be determined under subsection (a), the administering authority shall determine the normal value of the subject merchandise on the basis of the value of the factors of pro- duction utilized in producing the merchandise and to which shall be added an amount for general expenses and profit plus the cost of containers, coverings, and other expenses. Ex- cept as provided in paragraph (2), the valu- ation of the factors of production shall be based on the best available information re- garding the values of such factors in a market economy country or countries considered to be appropriate by the administering authority. (2) Exception If the administering authority finds that the available information is inadequate for pur- poses of determining the normal value of sub- ject merchandise under paragraph (1), the ad- ministering authority shall determine the nor- mal value on the basis of the price at which merchandise that is— (A) comparable to the subject merchan- dise, and (B) produced in one or more market econ- omy countries that are at a level of eco- nomic development comparable to that of the nonmarket economy country, is sold in other countries, including the United States. (3) Factors of production For purposes of paragraph (1), the factors of production utilized in producing merchandise include, but are not limited to— (A) hours of labor required, (B) quantities of raw materials employed, (C) amounts of energy and other utilities consumed, and (D) representative capital cost, including depreciation. (4) Valuation of factors of production The administering authority, in valuing fac- tors of production under paragraph (1), shall utilize, to the extent possible, the prices or costs of factors of production in one or more market economy countries that are— (A) at a level of economic development comparable to that of the nonmarket econ- omy country, and (B) significant producers of comparable merchandise. (5) Discretion to disregard certain price or cost values In valuing the factors of production under paragraph (1) for the subject merchandise, the administering authority may disregard price or cost values without further investigation if the administering authority has determined that broadly available export subsidies existed or particular instances of subsidization oc- curred with respect to those price or cost val- ues or if those price or cost values were sub- ject to an antidumping order. (d) Special rule for certain multinational cor- porations Whenever, in the course of an investigation under this subtitle, the administering authority determines that— (1) subject merchandise exported to the United States is being produced in facilities which are owned or controlled, directly or in- directly, by a person, firm, or corporation which also owns or controls, directly or indi- rectly, other facilities for the production of the foreign like product which are located in another country or countries, (2) subsection (a)(1)(C) applies, and (3) the normal value of the foreign like prod- uct produced in one or more of the facilities outside the exporting country is higher than the normal value of the foreign like product produced in the facilities located in the ex- porting country, it shall determine the normal value of the sub- ject merchandise by reference to the normal value at which the foreign like product is sold in substantial quantities from one or more facili- ties outside the exporting country. The admin- istering authority, in making any determina- tion under this paragraph, shall make adjust- ments for the difference between the cost of pro- duction (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 satis- faction. For purposes of this subsection, in de- termining the normal value of the foreign like product produced in a country outside of the ex- porting country, the administering authority shall determine its price at the time of expor- tation 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 inci- dent to placing the merchandise in condition packed ready for shipment to the United States by reference to such costs in the exporting coun- try. (e) Constructed value For purposes of this subtitle, the constructed value of imported merchandise shall be an amount equal to the sum of— (1) the cost of materials and fabrication or other processing of any kind employed in pro- ducing the merchandise, during a period which would ordinarily permit the production of the merchandise in the ordinary course of trade; (2)(A) the actual amounts incurred and real- ized 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 produc- tion and sale of a foreign like product, in the ordinary course of trade, for consumption in the foreign country, or (B) if actual data are not available with re- spect to the amounts described in subpara- graph (A), then— (i) the actual amounts incurred and real- ized by the specific exporter or producer being examined in the investigation or re- Page 403 TITLE 19—CUSTOMS DUTIES § 1677b 1 So in original. The period preceding the dash probably should not appear. view for selling, general, and administrative expenses, and for profits, in connection with the production and sale, for consumption in the foreign country, of merchandise that is in the same general category of 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 inves- tigation or review (other than the exporter or producer described in clause (i)) for sell- ing, general, and administrative expenses, and for profits, in connection with the pro- duction and sale of a foreign like product, in the ordinary course of trade, for consump- tion in the foreign country, or (iii) the amounts incurred and realized for selling, general, and administrative ex- penses, 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 pro- ducer 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 inci- dental to placing the subject merchandise in condition packed ready for shipment to the United States. For purposes of paragraph (1), if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use another cal- culation methodology under this part or any other calculation methodology. For purposes of paragraph (1), the cost of materials shall be de- termined without regard to any internal tax in the exporting country imposed on such mate- rials or their disposition that is remitted or re- funded upon exportation of the subject merchan- dise produced from such materials. (f) Special rules for calculation of cost of produc- tion and for calculation of constructed value For purposes of subsections (b) and (e).— 1 (1) Costs (A) In general Costs shall normally be calculated based on the records of the exporter or producer of the merchandise, if such records are kept in accordance with the generally accepted ac- counting principles of the exporting country (or the producing country, where appro- priate) and reasonably reflect the costs asso- ciated with the production and sale of the merchandise. The administering authority shall consider all available evidence on the proper allocation of costs, including that which is made available by the exporter or producer on a timely basis, if such alloca- tions have been historically used by the ex- porter or producer, in particular for estab- lishing appropriate amortization and depre- ciation periods, and allowances for capital expenditures and other development costs. (B) Nonrecurring costs Costs shall be adjusted appropriately for those nonrecurring costs that benefit cur- rent or future production, or both. (C) Startup costs (i) In general Costs shall be adjusted appropriately for circumstances in which costs incurred dur- ing the time period covered by the inves- tigation or review are affected by startup operations. (ii) Startup operations Adjustments shall be made for startup operations only where— (I) a producer is using new production facilities or producing a new product that requires substantial additional in- vestment, and (II) production levels are limited by technical factors associated with the ini- tial phase of commercial production. For purposes of subclause (II), the initial phase of commercial production ends at the end of the startup period. In deter- mining whether commercial production levels have been achieved, the admin- istering authority shall consider factors unrelated to startup operations that might affect the volume of production processed, such as demand, seasonality, or business cycles. (iii) Adjustment for startup operations The adjustment for startup operations shall be made by substituting the unit pro- duction costs incurred with respect to the merchandise at the end of the startup pe- riod for the unit production costs incurred during the startup period. If the startup period extends beyond the period of the in- vestigation or review under this subtitle, the administering authority shall use the most recent cost of production data that it reasonably can obtain, analyze, and verify without delaying the timely completion of the investigation or review. For purposes of this subparagraph, the startup period ends at the point at which the level of commercial production that is char- acteristic of the merchandise, producer, or industry concerned is achieved. (2) Transactions disregarded A transaction directly or indirectly between affiliated persons may be disregarded if, in the case of any element of value required to be considered, the amount representing that ele- ment does not fairly reflect the amount usu- ally reflected in sales of merchandise under consideration in the market under consider- ation. If a transaction is disregarded under the preceding sentence and no other transactions are available for consideration, the determina- tion of the amount shall be based on the infor- mation available as to what the amount would Page 404 TITLE 19—CUSTOMS DUTIES § 1677b have been if the transaction had occurred be- tween persons who are not affiliated. (3) Major input rule If, in the case of a transaction between af- filiated persons involving the production by one of such persons of a major input to the merchandise, the administering authority has reasonable grounds to believe or suspect that an amount represented as the value of such input is less than the cost of production of such input, then the administering authority may determine the value of the major input on the basis of the information available re- garding such cost of production, if such cost is greater than the amount that would be deter- mined for such input under paragraph (2). (June 17, 1930, ch. 497, title VII, § 773, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 182; amended Pub. L. 98–573, title VI, §§ 615, 620(b), Oct. 30, 1984, 98 Stat. 3036, 3039; Pub. L. 99–514, title XVIII, § 1886(a)(11), Oct. 22, 1986, 100 Stat. 2922; Pub. L. 100–418, title I, §§ 1316(a), 1318, 1319, Aug. 23, 1988, 102 Stat. 1186, 1189; Pub. L. 103–465, title II, § 224, Dec. 8, 1994, 108 Stat. 4878; Pub. L. 114–27, title V, §§ 504(b), (c), 505, June 29, 2015, 129 Stat. 385.) Editorial Notes AMENDMENTS 2015—Subsec. (a)(1)(B)(ii)(III). Pub. L. 114–27, § 504(b), which directed amendment of subcl. (III) by striking out ‘‘in such other country.’’, was executed by striking out ‘‘in such other country’’ after ‘‘particular market situation’’ to reflect the probable intent of Congress. Subsec. (b)(2)(A). Pub. L. 114–27, § 505(a), added subpar. (A) and struck out former subpar. (A). Prior to amend- ment, text read as follows: ‘‘There are reasonable grounds to believe or suspect that sales of the foreign like product were made at prices that are less than the cost of production of the product, if— ‘‘(i) in an investigation initiated under section 1673a of this title or a review conducted under section 1675 of this title, an interested party described in sub- paragraph (C), (D), (E), (F), or (G) of section 1677(9) of this title provides information, based upon observed prices or constructed prices or costs, that sales of the foreign like product under consideration for the de- termination of normal value have been made at prices which represent less than the cost of produc- tion of the product; or ‘‘(ii) in a review conducted under section 1675 of this title involving a specific exporter, the admin- istering authority disregarded some or all of the ex- porter’s sales pursuant to paragraph (1) in the inves- tigation or if a review has been completed, in the most recently completed review.’’ Subsec. (c)(5). Pub. L. 114–27, § 505(b), added par. (5). Subsec. (e). Pub. L. 114–27, § 504(c)(2), in concluding provisions, substituted ‘‘For purposes of paragraph (1), if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of produc- tion in the ordinary course of trade, the administering authority may use another calculation methodology under this part or any other calculation methodology. For purposes of paragraph (1), the cost of materials shall be determined without regard to any internal tax in the exporting country imposed on such materials or their disposition that is remitted or refunded upon ex- portation of the subject merchandise produced from such materials.’’ for ‘‘For purposes of paragraph (1), the cost of materials shall be determined without regard to any internal tax in the exporting country imposed on such materials or their disposition which are remitted or refunded upon exportation of the subject merchan- dise produced from such materials.’’ Subsec. (e)(1). Pub. L. 114–27, § 504(c)(1), substituted ‘‘trade’’ for ‘‘business’’. 1994—Pub. L. 103–465 amended section generally, sub- stituting present provisions for provisions relating to foreign market value, which provided for determina- tion of value in subsec. (a), sales at less than cost of production in subsec. (b), treatment of merchandise from nonmarket economy countries in subsec. (c), spe- cial rule for certain multinational corporations in sub- sec. (d), determination of constructed value in subsec. (e), and exportation from an intermediate country in subsec. (f). 1988—Subsec. (a)(5). Pub. L. 100–418, § 1319, added par. (5). Subsec. (c). Pub. L. 100–418, § 1316(a), amended subsec. (c) generally, substituting provisions relating to non- market economy countries, for provisions relating to State-controlled economies. Subsec. (e)(2) to (4). Pub. L. 100–418, § 1318, substituted ‘‘(4)’’ for ‘‘(3)’’ wherever appearing in par. (2), added par. (3), and redesignated former par. (3) as (4) and in intro- ductory provisions substituted ‘‘paragraphs (2) and (3)’’ for ‘‘paragraph (2)’’. 1986—Subsecs. (f), (g). Pub. L. 99–514 redesignated sub- sec. (g) as (f). 1984—Subsec. (a)(1). Pub. L. 98–573, § 615(1), substituted ‘‘time such merchandise is first sold within the United States by the person for whom (or for whose account) the merchandise is imported to any other person who is not described in subsection (e)(3) of this section with respect to such person’’ for ‘‘time of exportation of such merchandise to the United States’’ in provisions before subpar. (A). Subsecs. (a)(1)(A), (4)(A), (e)(1)(B). Pub. L. 98–573, § 615(2), substituted ‘‘commercial quantities’’ for ‘‘wholesale quantities’’ wherever appearing. Subsec. (f). Pub. L. 98–573, § 620(b), struck out subsec. (f) which related to the authority to use sampling tech- niques and to disregard insignificant adjustments. Subsec. (g). Pub. L. 98–573, § 615(3), added subsec. (g). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), and applicable with respect to in- vestigations, reviews, and inquiries initiated and peti- tions filed under specified provisions of this chapter after such date, see section 291 of Pub. L. 103–465, set out as a note under section 1671 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by sections 1316(a) and 1318 of Pub. L. 100–418 applicable with respect to investigations initi- ated after Aug. 23, 1988, and to reviews initiated under section 1673e(c) or 1675 of this title after Aug. 23, 1988, and amendment by section 1319 of Pub. L. 100–418 appli- cable with respect to reviews initiated under section 1673e(c) or 1675 of this title after Aug. 23, 1988, and to reviews initiated under such sections which are pending on Aug. 23, 1988, and in which a request for revocation is pending on Aug. 23, 1988, see section 1337(b), (f) of Pub. L. 100–418, set out as a note under section 1671 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 615 of Pub. L. 98–573 effective Oct. 30, 1984, and amendment by section 620(b) of Pub. L. 98–573 applicable with respect to investigations initi- ated by petition or by the administering authority under parts I and II of this subtitle, and to reviews begun under section 1675 of this title, on or after Oct. 30, 1984, see section 626(a), (b)(1) of Pub. L. 98–573, as amended, set out as a note under section 1671 of this title. Page 405 TITLE 19—CUSTOMS DUTIES § 1677d PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989 For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code. § 1677b–1. Currency conversion (a) In general In an antidumping proceeding under this sub- title, the administering authority shall convert foreign currencies into United States dollars using the exchange rate in effect on the date of sale of the subject merchandise, except that, if it is established that a currency transaction on forward markets is directly linked to an export sale under consideration, the exchange rate specified with respect to such currency in the forward sale agreement shall be used to convert the foreign currency. Fluctuations in exchange rates shall be ignored. (b) Sustained movement in foreign currency value In an investigation under part II of this sub- title, if there is a sustained movement in the value of the foreign currency relative to the United States dollar, the administering author- ity shall allow exporters at least 60 days to ad- just their export prices to reflect such sustained movement. (June 17, 1930, ch. 497, title VII, § 773A, as added Pub. L. 103–465, title II, § 225(a), Dec. 8, 1994, 108 Stat. 4886.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), and applicable with respect to investigations, reviews, and inquiries initiated and petitions filed under speci- fied provisions of this chapter after such date, see sec- tion 291 of Pub. L. 103–465, set out as an Effective Date of 1994 Amendment note under section 1671 of this title. § 1677c. Hearings (a) Investigation hearings (1) In general Except as provided in paragraph (2), the ad- ministering authority and the Commission shall each hold a hearing in the course of an investigation upon the request of any party to the investigation before making a final deter- mination under section 1671d or 1673d of this title. (2) Exception If investigations are initiated under part I and part II of this subtitle regarding the same merchandise from the same country within 6 months of each other (but before a final deter- mination is made in either investigation), the holding of a hearing by the Commission in the course of one of the investigations shall be treated as compliance with paragraph (1) for both investigations, unless the Commission considers that special circumstances require that a hearing be held in the course of each of the investigations. During any investigation regarding which the holding of a hearing is waived under this paragraph, the Commission shall allow any party to submit such addi- tional written comment as it considers rel- evant. (b) Procedures Any hearing required or permitted under this subtitle shall be conducted after notice pub- lished in the Federal Register, and a transcript of the hearing shall be prepared and made avail- able to the public. The hearing shall not be sub- ject to the provisions of subchapter II of chapter 5 of title 5, or to section 702 of such title. (June 17, 1930, ch. 497, title VII, § 774, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 186; amended Pub. L. 98–573, title VI, § 616, Oct. 30, 1984, 98 Stat. 3037.) Editorial Notes AMENDMENTS 1984—Subsec. (a). Pub. L. 98–573 designated existing provisions as par. (1), inserted ‘‘Except as provided in paragraph (2),’’, and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–573 effective Oct. 30, 1984, see section 626(a) of Pub. L. 98–573, set out as a note under section 1671 of this title. § 1677d. Countervailable subsidy practices dis- covered during a proceeding If, in the course of a proceeding under this subtitle, the administering authority discovers a practice which appears to be a countervailable subsidy, but was not included in the matters al- leged in a countervailing duty petition, or if the administering authority receives notice from the Trade Representative that a subsidy or sub- sidy program is in violation of Article 8 of the Subsidies Agreement, then the administering authority— (1) shall include the practice, subsidy, or subsidy program in the proceeding if the prac- tice, subsidy, or subsidy program appears to be a countervailable subsidy with respect to the merchandise which is the subject of the pro- ceeding, or (2) shall transfer the information (other than confidential information) concerning the prac- tice, subsidy, or subsidy program to the li- brary maintained under section 1677f(a)(1) of this title, if the practice, subsidy, or subsidy program appears to be a countervailable sub- sidy with respect to any other merchandise. (June 17, 1930, ch. 497, title VII, § 775, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 186; amended Pub. L. 98–573, title VI, § 617, Oct. 30, 1984, 98 Stat. 3037; Pub. L. 99–514, title XVIII, § 1886(a)(12), Oct. 22, 1986, 100 Stat. 2922; Pub. L. 103–465, title II, § 283(b), Dec. 8, 1994, 108 Stat. 4930.)