Editorial Note on Part 351
Editorial Note: Nomenclature changes to part 351 appear at 78 FR 62418, Oct. 22, 2013.

Editorial Note on Part 351
Editorial Note: Nomenclature changes to part 351 appear at 89 FR 20832, Mar. 25, 2024.

§ 351.407 Calculation of constructed value and cost of production. ( a ) *Introduction.* This section sets forth certain rules that are common to the calculation of constructed value and the cost of production. (*See* section 773(f) of the Act.)
( b ) *Determination of value under the major input rule.* For purposes of section 773(f)(3) of the Act, the Secretary normally will determine the value of a major input purchased from an affiliated person based on the higher of: ( 1 ) The price paid by the exporter or producer to the affiliated person for the major input;
( 2 ) The amount usually reflected in sales of the major input in the market under consideration; or
( 3 ) The cost to the affiliated person of producing the major input.
( c ) *Allocation of costs.* In determining the appropriate method for allocating costs among products, the Secretary may take into account production quantities, relative sales values, and other quantitative and qualitative factors associated with the manufacture and sale of the subject merchandise and the foreign like product.
( d ) *Startup costs.* ( 1 ) In identifying startup operations under section 773(f)(1)(C)(ii) of the Act: ( i ) “New production facilities” includes the substantially complete retooling of an existing plant. Substantially complete retooling involves the replacement of nearly all production machinery or the equivalent rebuilding of existing machinery.
( ii ) A “new product” is one requiring substantial additional investment, including products which, though sold under an existing nameplate, involve the complete revamping or redesign of the product. Routine model year changes will not be considered a new product.
( iii ) Mere improvements to existing products or ongoing improvements to existing facilities will not be considered startup operations.
( iv ) An expansion of the capacity of an existing production line will not qualify as a startup operation unless the expansion constitutes such a major undertaking that it requires the construction of a new facility and results in a depression of production levels due to technical factors associated with the initial phase of commercial production of the expanded facilities.
( 2 ) In identifying the end of the startup period under clauses (ii) and (iii) of section 773(f)(1)(C) of the Act: ( i ) The attainment of peak production levels will not be the standard for identifying the end of the startup period, because the startup period may end well before a company achieves optimum capacity utilization.
( ii ) The startup period will not be extended to cover improvements and cost reductions that may occur over the entire life cycle of a product.
( 3 ) In determining when a producer reaches commercial production levels under section 773(f)(1)(C)(ii) of the Act: ( i ) The Secretary will consider the actual production experience of the merchandise in question, measuring production on the basis of units processed.
( ii ) To the extent necessary, the Secretary will examine factors in addition to those specified in section 773(f)(1)(C)(ii) of the Act, including historical data reflecting the same producer's or other producers' experiences in producing the same or similar products. A producer's projections of future volume or cost will be accorded little weight.
( 4 ) In making an adjustment for startup operations under section 773(f)(1)(C)(iii) of the Act: ( i ) The Secretary will determine the duration of the startup period on a case-by-case basis.
( ii ) The difference between actual costs and the costs of production calculated for startup costs will be amortized over a reasonable period of time subsequent to the startup period over the life of the product or machinery, as appropriate.
( iii ) The Secretary will consider unit production costs to be items such as depreciation of equipment and plant, labor costs, insurance, rent and lease expenses, material costs, and factory overhead. The Secretary will not consider sales expenses, such as advertising costs, or other general and administrative or non-production costs (such as general research and development costs), as startup costs.