‘‘(b) INITIATION.—The Trade Representative, after
consultation with the administering authority and the
Commission and obtaining the approval of the Parties
Group under the Shipbuilding Agreement, shall determine
whether to initiate an investigation described in subsection
(a).
‘‘(c) DETERMINATIONS.—Upon initiation of an inves-
tigation under subsection (a), the Trade Representative
shall request the following determinations be made in ac-
cordance with substantive and procedural requirements
specified by the Trade Representative, notwithstanding
any other provision of this title:
‘‘(1) The administering authority shall deter-
mine whether the subject vessel has been sold at less
than fair value.
‘‘(2) The Commission shall determine whether
an industry in the petitioning country is materially
injured by reason of the sale of the subject vessel in
the United States.
‘‘(d) PUBLIC COMMENT.—An opportunity for public
comment shall be provided, as appropriate—
‘‘(1) by the Trade Representative, in making
the determinations required by subsection (b), and
‘‘(2) by the administering authority and the
Commission, in making the determinations required
by subsection (c).
‘‘(e) ISSUANCE OF ORDER.—If the administering au-
thority makes an affirmative determination under para-
graph (1) of subsection (c), and the Commission makes
an affirmative determination under paragraph (2) of sub-
section (c), the administering authority shall—
‘‘(1) order an injurious pricing charge in ac-
cordance with section 806, and
‘‘(2) make such determinations and take such
other actions as are required by sections 806 and
807, as if affirmative determinations had been made
under subsections (a) and (b) of section 805.
‘‘(f) REVIEWS OF DETERMINATIONS.—For purposes
of review under section 516B, if an order is issued under
subsection (e)—
‘‘(1) the final determinations of the administer-
ing authority and the Commission under subsection
(c) shall be treated as final determinations made
under section 805, and
‘‘(2) determinations of the administering au-
thority under subsection (e)(2) shall be treated as
determinations made under section 806 or 807, as
the case may be.
‘‘(g) ACCESS TO INFORMATION.—Section 843 shall
apply to investigations under this section, to the extent
specified by the Trade Representative, after consultation
with the administering authority and the Commission.
‘‘Subtitle B—Special Rules
‘‘SEC. 821. EXPORT PRICE.
‘‘(a) EXPORT PRICE.—For purposes of this title, the
term ‘export price’ means the price at which the subject
vessel is first sold (or agreed to be sold) by or for the
account of the foreign producer of the subject vessel to
an unaffiliated United States buyer. The term ‘sold (or
agreed to be sold) by or for the account of the foreign
producer’ includes any transfer of an ownership interest,
including by way of lease or long-term bareboat charter,
in conjunction with the original transfer from the pro-
ducer, either directly or indirectly, to a United States
buyer.
‘‘(b) ADJUSTMENTS TO EXPORT PRICE.—The price
used to establish export price shall be—
‘‘(1) increased by the amount of any import du-
ties imposed by the country of exportation which
have been rebated, or which have not been collected,
by reason of the exportation of the subject vessel,
and
‘‘(2) reduced by—
‘‘(A) the amount, if any, included in such
price, attributable to any additional costs,
charges, or expenses which are incident to
bringing the subject vessel from the shipyard in
the exporting country to the place of delivery,
‘‘(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 vessel, and
‘‘(C) all other expenses incidental to plac-
ing the vessel in condition for delivery to the
buyer.
‘‘SEC. 822. NORMAL VALUE.
‘‘(a) DETERMINATION.—In determining under this
title whether a subject vessel has been sold at less than
fair value, a fair comparison shall be made between the
export price and normal value of the subject vessel. In
order to achieve a fair comparison with the export price,
normal value shall be determined as follows:
‘‘(1) DETERMINATION OF NORMAL VALUE.—
‘‘(A) IN GENERAL.—The normal value of
the subject vessel shall be the price described in
subparagraph (B), at a time reasonably cor-
responding to the time of the sale used to deter-
mine the export price under section 821(a).
‘‘(B) PRICE.—The price referred to in sub-
paragraph (A) is—
‘‘(i) the price at which a foreign like
vessel is first sold in the exporting country,
in the ordinary course of trade and, to the
extent practicable, at the same level of
trade, or
‘‘(ii) in a case to which subparagraph
(C) applies, the price at which a foreign
like vessel is so sold for consumption in a
country other than the exporting country
or the United States, if—
‘‘(I) such price is representative,
and
‘‘(II) the administering authority
does not determine that the particular
market situation in such other coun-
try prevents a proper comparison with
the export price.
‘‘(C) THIRD COUNTRY SALES.—This sub-
paragraph applies when—
‘‘(i) a foreign like vessel is not sold in
the exporting country as described in sub-
paragraph (B)(i), or
producer of the subject vessel) in connec-
tion with the sale of vessels in the same
general category of vessel as the subject
vessel in the domestic market of the coun-
try of origin of the subject vessel.
The profit shall, for purposes of this paragraph, be
based on the average profit realized over a reason-
able period of time before and after the sale of the
subject vessel and shall reflect a reasonable profit at
the time of such sale. For purposes of the preceding
sentence, a ‘reasonable period of time’ shall not, ex-
cept where otherwise appropriate, exceed 6 months
before, or 6 months after, the sale of the subject ves-
sel. In calculating profit under this paragraph, any
distortion which would result in other than a profit
which is reasonable at the time of the sale shall be
eliminated.
‘‘(2) COSTS
AND
PROFITS
BASED
ON
OTHER
REASONABLE
METHODS.—When costs and profits
are determined under paragraph (1)(B)(ii)(III), such
determination shall, except where otherwise appro-
priate, be based on appropriate export sales by the
producer of the subject vessel or, absent such sales,
to export sales by other producers of a foreign like
vessel or the same general category of vessel as the