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rectly control a third party and there
is reason to believe that the relation-
ship causes the producer to act dif-
ferently than a nonrelated producer.
For purposes of this subparagraph, a party
shall be considered to directly or indirectly
control another party if the party is legally
or operationally in a position to exercise
restraint or direction over the other
party.’’.
(2) REGIONAL
INDUSTRY.—Section 771(4)(C)
(19 U.S.C. 1677(4)(C)) is amended by adding at the
end the following new sentence: ‘‘The term ‘regional
industry’ means the domestic producers within a re-
gion who are treated as a separate industry under
this subparagraph.’’.
(b) IMPACT ON AFFECTED DOMESTIC INDUSTRY.—
(1) IN
GENERAL.—Section 771(7)(C)(iii) (19
U.S.C. 1677(7)(C)(iii)) is amended—
(A) by striking ‘‘and’’ at the end of
subclause (III), and
(B) by striking the period at the end of
subclause (IV) and inserting ‘‘, and
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‘‘(V) in a proceeding under sub-
title B, the magnitude of the margin
of dumping.’’.
(2) CAPTIVE PRODUCTION.—Section 771(7)(C)
(19 U.S.C. 1677(7)(C)) is amended by striking
clause (iv) and inserting the following:
‘‘(iv) CAPTIVE
PRODUCTION.—If do-
mestic producers internally transfer signifi-
cant production of the domestic like prod-
uct for the production of a downstream ar-
ticle and sell significant production of the
domestic like product in the merchant
market, and the Commission finds that—
‘‘(I) the domestic like product
produced that is internally transferred
for processing into that downstream
article does not enter the merchant
market for the domestic like product,
‘‘(II) the domestic like product is
the predominant material input in the
production of that downstream article,
and
‘‘(III) the production of the do-
mestic like product sold in the mer-
chant market is not generally used in
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the production of that downstream ar-
ticle,
then the Commission, in determining mar-
ket share and the factors affecting finan-
cial performance set forth in clause (iii),
shall focus primarily on the merchant mar-
ket for the domestic like product.’’.
(3) 
TECHNICAL
CORRECTION.—Section
771(7)(C)(iii) is amended by striking ‘‘subparagraph
(B)(iii)’’ and inserting ‘‘subparagraph (B)(i)(III)’’.
(c) DETERMINATION
OF THREAT
OF INJURY.—
Clauses (i) and (ii) of section 771(7)(F) (19 U.S.C.
1677(7)(F) (i) and (ii)) are amended to read as follows:
‘‘(i) IN
GENERAL.—In determining
whether an industry in the United States
is threatened with material injury by rea-
son of imports (or sales for importation) of
the subject merchandise, the Commission
shall consider, among other relevant eco-
nomic factors—
‘‘(I) if a countervailable subsidy
is involved, such information as may
be presented to it by the administer-
ing authority as to the nature of the
subsidy (particularly as to whether the
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countervailable subsidy is a subsidy
described in Article 3 or 6.1 of the
Subsidies Agreement), and whether
imports of the subject merchandise
are likely to increase,
‘‘(II) any existing unused produc-
tion capacity or imminent, substantial
increase in production capacity in the
exporting country indicating the likeli-
hood of substantially increased im-
ports of the subject merchandise into
the United States, taking into account
the availability of other export mar-
kets to absorb any additional exports,
‘‘(III) a significant rate of in-
crease of the volume or market pene-
tration of imports of the subject mer-
chandise indicating the likelihood of
substantially increased imports,
‘‘(IV) whether imports of the
subject merchandise are entering at
prices that are likely to have a signifi-
cant depressing or suppressing effect
on domestic prices, and are likely to
increase demand for further imports,
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‘‘(V) inventories of the subject
merchandise,
‘‘(VI) the potential for product-
shifting if production facilities in the
foreign country, which can be used to
produce the subject merchandise, are
currently being used to produce other
products,
‘‘(VII) in any investigation under
this title which involves imports of
both a raw agricultural product (with-
in 
the 
meaning 
of 
paragraph
(4)(E)(iv)) and any product processed
from such raw agricultural product,
the likelihood that there will be in-
creased imports, by reason of product
shifting, if there is an affirmative de-
termination by the Commission under
section 705(b)(1) or 735(b)(1) with
respect to either the raw agricultural
product or the processed agricultural
product (but not both),
‘‘(VIII) the actual and potential
negative effects on the existing devel-
opment and production efforts of the
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domestic industry, including efforts to
develop a derivative or more advanced
version of the domestic like product,
and
‘‘(IX) any other demonstrable ad-
verse trends that indicate the prob-
ability that there is likely to be mate-
rial injury by reason of imports (or
sale for importation) of the subject
merchandise (whether or not it is ac-
tually being imported at the time).
‘‘(ii) BASIS
FOR
DETERMINATION.—
The Commission shall consider the factors
set forth in clause (i) as a whole in making
a 
determination 
of 
whether 
further
dumped or subsidized imports are immi-
nent and whether material injury by rea-
son of imports would occur
unless an
order is issued or a suspension agreement
is accepted under this title. The presence
or absence of any factor which the Com-
mission is required to consider under
clause (i) shall not necessarily give decisive
guidance with respect to the determination.
Such a determination may not be made on
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the basis of mere conjecture or suppo-
sition.’’.
(d) NEGLIGIBLE IMPORTS.—Section 771 (19 U.S.C.
1677) is amended—
(1) in paragraph (7) by striking clause (v) of
subparagraph (C), and
(2) by adding at the end the following:
‘‘(24) NEGLIGIBLE IMPORTS.—
‘‘(A) IN GENERAL.—
‘‘(i) LESS THAN 3 PERCENT.—Except
as provided in clauses (ii) and (iv), imports
from a country of merchandise correspond-
ing to a domestic like product identified by
the Commission are ‘negligible’ if such im-
ports account for less than 3 percent of the
volume of all such merchandise imported
into the United States in the most recent
12-month period for which data are avail-
able that precedes—
‘‘(I) the filing of the petition
under section 702(b) or 732(b), or
‘‘(II) the initiation of the inves-
tigation, if the investigation was initi-
ated under section 702(a) or 732(a).
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‘‘(ii) 
EXCEPTION.—Imports 
that
would otherwise be negligible under clause
(i) shall not be negligible if the aggregate
volume of imports of the merchandise from
all countries described in clause (i) with re-
spect to which investigations were initiated
on the same day exceeds 7 percent of the
volume of all such merchandise imported
into the United States during the applica-
ble 12-month period.
‘‘(iii) DETERMINATION
OF
AGGRE-
GATE VOLUME.—In determining aggregate
volume under clause (ii) or (iv), the Com-
mission shall not consider imports from
any 
country 
specified 
in 
paragraph
(7)(G)(ii).
‘‘(iv) 
NEGLIGIBILITY
IN
THREAT
ANALYSIS.—Notwithstanding clauses (i)
and (ii), the Commission shall not treat
imports as negligible if it determines that
there is a potential that imports from a
country described in clause (i) will immi-
nently account for more than 3 percent of
the volume of all such merchandise im-
ported into the United States, or that the
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aggregate volumes of imports from all
countries described in clause (ii) will immi-
nently exceed 7 percent of the volume of
all such merchandise imported into the
United States. The Commission shall con-
sider such imports only for purposes of de-
termining threat of material injury.
‘‘(B) NEGLIGIBILITY FOR CERTAIN COUN-
TRIES
IN
COUNTERVAILING
DUTY
INVESTIGA-
TIONS.—In the case of an investigation under
section 701, subparagraph (A) shall be applied
to imports of subject merchandise from develop-
ing countries by substituting ‘4 percent’ for ‘3
percent’ in subparagraph (A)(i) and by sub-
stituting ‘9 percent’ for ‘7 percent’ in subpara-
graph (A)(ii).
‘‘(C) COMPUTATION
OF
IMPORT
VOL-
UMES.—In computing import volumes for pur-
poses of subparagraphs (A) and (B), the Com-
mission may make reasonable estimates on the
basis of available statistics.
‘‘(D) REGIONAL INDUSTRIES.—In an in-
vestigation in which the Commission makes a
regional industry determination under para-
graph (4)(C), the Commission’s examination
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under subparagraphs (A) and (B) shall be
based upon the volume of subject merchandise
exported for sale in the regional market in lieu
of the volume of all subject merchandise im-
ported into the United States.’’.
(e) CUMULATION.—Section 771(7) (19 U.S.C.
1677(7)) is amended—
(1) in subparagraph (F) by striking clause (iv),
and
(2) by adding at the end the following:
‘‘(G) CUMULATION FOR DETERMINING MA-
TERIAL INJURY.—
‘‘(i) IN
GENERAL.—For purposes of
clauses (i) and (ii) of subparagraph (C),
and subject to clause (ii), the Commission
shall cumulatively assess the volume and
effect of imports of the subject merchan-
dise from all countries with respect to
which—
‘‘(I) petitions were filed under
section 702(b) or 732(b) on the same
day,
‘‘(II) investigations were initiated
under section 702(a) or 732(a) on the
same day, or
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‘‘(III) petitions were filed under
section 702(b) or 732(b) and inves-
tigations were initiated under section
702(a) or 732(a) on the same day,
if such imports compete with each other
and with domestic like products in the
United States market.
‘‘(ii) EXCEPTIONS.—The Commission
shall not cumulatively assess the volume
and effect of imports under clause (i)—
‘‘(I) with respect to which the ad-
ministering authority has made a pre-
liminary negative determination, un-
less the administering authority sub-
sequently made a final affirmative de-
termination with respect to those im-
ports before the Commission’s final
determination is made;
‘‘(II) from any country with re-
spect to which the investigation has
been terminated;
‘‘(III) from any country des-
ignated as a beneficiary country under
the Caribbean Basin Economic Recov-
ery Act (19 U.S.C. 2701 et seq.) for
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purposes of making a determination
with respect to that country, except
that the volume and effect of imports
of the subject merchandise from such
country may be cumulatively assessed
with imports of the subject merchan-
dise from any other country des-
ignated as such a beneficiary country
to the extent permitted by clause (i);
or
‘‘(IV) from any country that is a
party to an agreement with the Unit-
ed States establishing a free trade
area, which entered into force and ef-
fect before January 1, 1987, unless
the Commission determines that a do-
mestic industry is materially injured
or threatened with material injury by
reason of imports from that country.
‘‘(iii) RECORDS IN FINAL INVESTIGA-
TIONS.—In each final determination in
which it cumulatively assesses the volume
and effect of imports under clause (i), the
Commission shall make its determinations
based on the record compiled in the first
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investigation in which it makes a final de-
termination, except that when the admin-
istering authority issues its final deter-
mination in a subsequently completed in-
vestigation, the Commission shall permit
the parties in the subsequent investigation
to submit comments concerning the signifi-
cance of the administering authority’s final
determination, and shall include such com-
ments and the administering authority’s
final determination in the record for the
subsequent investigation.
‘‘(iv) REGIONAL
INDUSTRY
DETER-
MINATIONS.—In an investigation which in-
volves a regional industry, and in which
the Commission decides that the volume
and effect of imports should be cumula-
tively assessed under this subparagraph,
such assessment shall be based upon the
volume and effect of imports into the re-
gion or regions determined by the Commis-
sion. The provisions of clause (iii) shall
apply to such investigations.
‘‘(H) CUMULATION
FOR
DETERMINING
THREAT OF MATERIAL INJURY.—To the extent
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practicable and subject to subparagraph (G)(ii),
for purposes of clause (i)(III) and (IV) of sub-
paragraph (F), the Commission may cumula-
tively assess the volume and price effects of im-
ports of the subject merchandise from all coun-
tries with respect to which—
‘‘(i) petitions were filed under section
702(b) or 732(b) on the same day,
‘‘(ii) 
investigations 
were 
initiated
under section 702(a) or 732(a) on the
same day, or
‘‘(iii) petitions were filed under sec-
tion 702(b) or 732(b) and investigations
were initiated under section 702(a) or
732(a) on the same day,
if such imports compete with each other and
with domestic like products in the United
States market.’’.
(f) CONSIDERATION OF POST-PETITION INFORMA-
TION.—Section 771(7) (19 U.S.C. 1677(7)), is amended
by adding at the end the following:
‘‘(I) CONSIDERATION
OF
POST-PETITION
INFORMATION.—The Commission shall consider
whether any change in the volume, price effects,
or impact of imports of the subject merchandise
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since the filing of the petition in an investiga-
tion under subtitle A or B is related to the
pendency of the investigation and, if so, the
Commission may reduce the weight accorded to
the data for the period after the filing of the
petition in making its determination of material
injury, threat of material injury, or material re-
tardation of the establishment of an industry in
the United States.’’.
(g) INTERESTED PARTY.—Section 771(9) (19 U.S.C.
1677(9)) is amended—
(1) in subparagraph (A), by inserting ‘‘produc-
ers, exporters, or’’ before ‘‘importers’’, and
(2) in subparagraph (B), inserting ‘‘or from
which such merchandise is exported’’ after ‘‘manu-
factured’’.
(h) ORDINARY COURSE OF TRADE.—Section 771(15)
(19 U.S.C. 1677(15)) is amended—
(1) by striking ‘‘merchandise which is the sub-
ject of an investigation’’ and inserting ‘‘subject mer-
chandise’’; and
(2) by adding at the end the following: ‘‘The
administering authority shall consider the following
sales and transactions, among others, to be outside
the ordinary course of trade:
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‘‘(A) Sales disregarded under section
773(b)(1).
‘‘(B) Transactions disregarded under sec-
tion 773(f)(2).’’.
(i) OTHER DEFINITIONS.—
(1) IN
GENERAL.—Section 771 (19 U.S.C.
1677), as amended by subsection (d), is amended by
adding at the end the following:
‘‘(25) 
SUBJECT
MERCHANDISE.—The 
term
‘subject merchandise’ means the class or kind of
merchandise that is within the scope of an investiga-
tion, a review, a suspension agreement, an order
under this title or section 303, or a finding under
the Antidumping Act, 1921.
‘‘(26) SECTION 303.—The terms ‘section 303’
and ‘303’ mean section 303 of this Act as in effect
on the day before the effective date of title II of the
Uruguay Round Agreements Act.
‘‘(27) SUSPENSION
AGREEMENT.—The term
‘suspension agreement’ means an agreement de-
scribed in section 704(b), 704(c), 734(b), 734(c), or
734(l).
‘‘(28) EXPORTER
OR
PRODUCER.—The term
‘exporter or producer’ means the exporter of the
subject merchandise, the producer of the subject
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merchandise, or both where appropriate. For pur-
poses of section 773, the term ‘exporter or producer’
includes both the exporter of the subject merchan-
dise and the producer of the same subject merchan-
dise to the extent necessary to accurately calculate
the total amount incurred and realized for costs, ex-
penses, and profits in connection with production
and sale of that merchandise.
‘‘(29) WTO AGREEMENT.—The term ‘WTO
Agreement’ means the Agreement defined in section
2(9) of the Uruguay Round Agreements Act.
‘‘(30) WTO MEMBER AND WTO MEMBER COUN-
TRY.—The terms ‘WTO member’ and ‘WTO mem-
ber country’ mean a state, or separate customs terri-
tory (within the meaning of Article XII of the WTO
Agreement), with respect to which the United States
applies the WTO agreement.
‘‘(31) GATT 1994.—The term ‘GATT 1994’
means the General Agreement on Tariffs and Trade
annexed to the WTO Agreement.
‘‘(32) TRADE
REPRESENTATIVE.—The term
‘Trade Representative’ means the United States
Trade Representative.
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‘‘(33) AFFILIATED
PERSONS.—The following
persons shall be considered to be ‘affiliated’ or ‘af-
filiated persons’:
‘‘(A) Members of a family, including broth-
ers and sisters (whether by the whole or half
blood), spouse, ancestors, and lineal descend-
ants.
‘‘(B) Any officer or director of an organi-
zation and such organization.
‘‘(C) Partners.
‘‘(D) Employer and employee.
‘‘(E) Any person directly or indirectly own-
ing, controlling, or holding with power to vote,
5 percent or more of the outstanding voting
stock or shares of any organization and such
organization.
‘‘(F) Two or more persons directly or indi-
rectly controlling, controlled by, or under com-
mon control with, any person.
‘‘(G) Any person who controls any other
person and such other person.
For purposes of this paragraph, a person shall be
considered to control another person if the person is
legally or operationally in a position to exercise re-
straint or direction over the other person.
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‘‘(34) 
DUMPED; 
DUMPING.—The 
terms
‘dumped’ and ‘dumping’ refer to the sale or likely
sale of goods at less than fair value.’’.
(2) EXPORTER.—Paragraph (13) of section 771
(19 U.S.C. 1677(13)) is repealed.
SEC. 223. EXPORT PRICE AND CONSTRUCTED EXPORT
PRICE.
Section 772 (19 U.S.C. 1677a) is amended to read
as follows:
‘‘SEC. 772. 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 out-
side of the United States to an unaffiliated purchaser in
the United States or to an unaffiliated purchaser for ex-
portation to the United States, as adjusted under sub-
section (c).
‘‘(b) CONSTRUCTED EXPORT PRICE.—The term ‘con-
structed export price’ means the price at which the subject
merchandise is first sold (or agreed to be sold) in the Unit-
ed States before or after the date of importation by or
for the account of the producer or exporter of such mer-
chandise or by a seller affiliated with the producer or ex-
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porter, to a purchaser not affiliated with the producer or
exporter, as adjusted under subsections (c) and (d).
‘‘(c) ADJUSTMENTS FOR EXPORT PRICE AND CON-
STRUCTED 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 im-
posed by the country of exportation which have
been rebated, or which have not been collected,
by reason of the exportation of the subject mer-
chandise to the United States, and
‘‘(C) the amount of any countervailing
duty imposed on the subject merchandise under
subtitle A 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
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duties, which are incident to bringing the sub-
ject merchandise from the original place of
shipment in the exporting country to the place
of delivery in the United States, and
‘‘(B) the amount, if included in such price,
of any export tax, duty, or other charge im-
posed by the exporting country on the expor-
tation of the subject merchandise to the United
States, other than an export tax, duty, or other
charge described in section 771(6)(C).
‘‘(d) ADDITIONAL ADJUSTMENTS TO CONSTRUCTED
EXPORT PRICE.—For purposes of this section, the price
used to establish constructed export price shall also be re-
duced by—
‘‘(1) the amount of any of the following ex-
penses generally incurred by or for the account of
the producer or exporter, or the affiliated seller in
the United States, in selling the subject merchandise
(or subject merchandise to which value has been
added)—
‘‘(A) commissions for selling the subject
merchandise in the United States;
‘‘(B) expenses that result from, and bear a
direct relationship to, the sale, such as credit
expenses, guarantees and warranties;
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‘‘(C) any selling expenses that the seller
pays on behalf of the purchaser; and
‘‘(D) any selling expenses not deducted
under subparagraph (A), (B), or (C);
‘‘(2) the cost of any further manufacture or as-
sembly (including additional material and labor), ex-
cept in circumstances described in subsection (e);
and
‘‘(3) the profit allocated to the expenses de-
scribed in paragraphs (1) and (2).
‘‘(e) SPECIAL
RULE
FOR
MERCHANDISE
WITH
VALUE ADDED AFTER IMPORTATION.—Where the subject
merchandise is imported by a person affiliated with the
exporter or producer, and the value added in the United
States by the affiliated person is likely to exceed substan-
tially the value of the subject merchandise, the administer-
ing authority shall determine the constructed export price
for such merchandise by using one of the following prices
if there is a sufficient quantity of sales to provide a rea-
sonable basis for comparison and the administering au-
thority determines that the use of such sales is appro-
priate:
‘‘(1) The price of identical subject merchandise
sold by the exporter or producer to an unaffiliated
person.
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‘‘(2) The price of other subject merchandise
sold by the exporter or producer to an unaffiliated
person.
If there is not a sufficient quantity of sales to provide a
reasonable basis for comparison under paragraph (1) or
(2), or the administering authority determines that neither
of the prices described in such paragraphs is appropriate,
then the constructed export price may be determined on
any other reasonable basis.
‘‘(f) SPECIAL RULE FOR DETERMINING PROFIT.—
‘‘(1) IN GENERAL.—For purposes of subsection
(d)(3), profit shall be an amount determined by mul-
tiplying the total actual profit by the applicable per-
centage.
‘‘(2) DEFINITIONS.—For purposes of this sub-
section:
‘‘(A) 
APPLICABLE
PERCENTAGE.—The
term ‘applicable percentage’ means the percent-
age determined by dividing the total United
States expenses by the total expenses.
‘‘(B) TOTAL UNITED STATES EXPENSES.—
The term ‘total United States expenses’ means
the total expenses described in subsection (d)
(1) and (2).
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‘‘(C) TOTAL EXPENSES.—The term ‘total
expenses’ means all expenses in the first of the
following categories which applies and which
are incurred by or on behalf of the foreign pro-
ducer and foreign exporter of the subject mer-
chandise and by or on behalf of the United
States seller affiliated with the producer or ex-
porter with respect to the production and sale
of such merchandise:
‘‘(i) The expenses incurred with re-
spect 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 ad-
ministering authority for the purpose of es-
tablishing normal value and constructed
export price.
‘‘(ii) The expenses incurred with re-
spect to the narrowest category of mer-
chandise sold in the United States and the
exporting country which includes the sub-
ject merchandise.
‘‘(iii) The expenses incurred with re-
spect to the narrowest category of mer-
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chandise sold in all countries which in-
cludes 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 merchan-
dise for which total expenses are determined
under such subparagraph.’’.
SEC. 224. NORMAL VALUE.
Section 773 (19 U.S.C. 1677b) is amended to read
as follows:
‘‘SEC. 773. NORMAL VALUE.
‘‘(a) DETERMINATION.—In determining under this
title 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 compari-
son with the export price or constructed export price, nor-
mal 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 de-
scribed in subparagraph (B), at a time reason-
ably corresponding to the time of the sale used
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to determine the export price or constructed ex-
port price under section 772(a) or (b).
‘‘(B) PRICE.—The price referred to in sub-
paragraph (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 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
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subject merchandise sold in the Unit-
ed States or for export to the United
States, and
‘‘(III) the administering author-
ity does not determine that the par-
ticular market situation in such other
country prevents a proper comparison
with the export price or constructed
export price.
‘‘(C) THIRD COUNTRY SALES.—This sub-
paragraph applies when—
‘‘(i) the foreign like product is not
sold (or offered for sale) for consumption
in the exporting country as described in
subparagraph (B)(i),
‘‘(ii) the administering authority de-
termines 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
‘‘(iii) the particular market situation
in the exporting country does not permit a
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proper comparison with the export price or
constructed export price.
For purposes of clause (ii), the aggregate quan-
tity (or value) of the foreign like product sold
in the exporting country shall normally be con-
sidered to be insufficient if such quantity (or
value) is less than 5 percent of the aggregate
quantity (or value) of sales of the subject mer-
chandise to the United States.
‘‘(2) FICTITIOUS MARKETS.—No pretended sale
or offer for sale, and no sale or offer for sale in-
tended 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 anti-
dumping duty order may be considered by the ad-
ministering authority as evidence of the establish-
ment of a fictitious market for the foreign like prod-
uct 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.
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‘‘(2) DEFINITIONS AND SPECIAL RULES.—For
purposes of this subsection—
‘‘(A) REASONABLE GROUNDS TO BELIEVE
OR SUSPECT.—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 732 or a review conducted under
section 751, an interested party described
in subparagraph (C), (D), (E), (F), or (G)
of section 771(9) provides information,
based upon observed prices or constructed
prices or costs, that sales of the foreign
like product under consideration for the
determination of normal value have been
made at prices which represent less than
the cost of production of the product; or
‘‘(ii) in a review conducted under sec-
tion 751 involving a specific exporter, 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 re-
cently completed review.
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‘‘(iv) in the case where goods or serv-
ices are provided, if such goods or services
are provided for less than adequate remu-
neration, and in the case where goods are
purchased, if such goods are purchased for
more than adequate remuneration.
For purposes of clause (iv), the adequacy of re-
muneration shall be determined in relation to
prevailing market conditions for the good or
service being provided or the goods being pur-
chased in the country which is subject to the in-
vestigation or review. Prevailing market condi-
tions include price, quality, availability, market-
ability, transportation, and other conditions of
purchase or sale.
‘‘(F) CHANGE IN OWNERSHIP.—A change
in ownership of all or part of a foreign enter-
prise or the productive assets of a foreign enter-
prise does not by itself require a determination
by the administering authority that a past
countervailable subsidy received by the enter-
prise no longer continues to be countervailable,
even if the change in ownership is accomplished
through an arm’s length transaction.
‘‘(5A) SPECIFICITY.—