169
‘‘(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
170
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.
171
‘‘(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.
172
‘‘(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-
173
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
175
‘‘(C) any selling expenses that the seller
pays on behalf of the purchaser;
‘‘(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.
176
‘‘(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).
177
‘‘(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-
178
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
179
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
180
subject 
merchandise 
sold 
in 
the
United 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
181
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.
182
‘‘(3) EXPORTATION
FROM
AN
INTERMEDIATE
COUNTRY.—Where the subject merchandise is ex-
ported to the United States from an intermediate
country, normal value shall be determined in the in-
termediate country, except that normal value may be
determined in the country of origin of the subject
merchandise if—
‘‘(A) the producer knew at the time of the
sale that the subject merchandise was destined
for exportation;
‘‘(B) the subject merchandise is merely
transshipped through the intermediate country;
‘‘(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 ad-
ministering authority determines that the normal
value of the subject merchandise cannot be deter-
mined under paragraph (1)(B)(i), then, notwith-
standing paragraph (1)(B)(ii), the normal value of
the subject merchandise may be the constructed
value of that merchandise, as determined under sub-
section (e).
183
‘‘(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 affiliated party,
the prices at which the foreign like product is sold
(or offered for sale) by such affiliated party may be
used in determining 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 mer-
chandise in condition packed ready for ship-
ment to the United States;
‘‘(B) reduced by—
‘‘(i) when included in the price de-
scribed in paragraph (1)(B), the cost of all
containers and coverings and all other
costs, charges, and expenses incident to
placing the foreign like product in condi-
tion 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),
attributable 
to 
any 
additional 
costs,
charges, and expenses incident to bringing
184
the foreign like product from the original
place of shipment to the place of delivery
to the purchaser, and
‘‘(iii) the amount of any taxes im-
posed directly upon the foreign like prod-
uct or components thereof which have been
rebated, 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 author-
ity 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,
185
‘‘(ii) the fact that merchandise de-
scribed in subparagraph (B) or (C) of sec-
tion 771(16) 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 de-
scribed in paragraph (1)(B) shall also be in-
creased or decreased to make due allowance for
any difference (or lack thereof) between the ex-
port price or constructed 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
export price and normal value, if the difference
in level of trade—
‘‘(i) involves the performance of dif-
ferent selling activities; and
‘‘(ii) is demonstrated to affect price
comparability, based on a pattern of con-
sistent price differences between sales at
186
different levels of trade in the country in
which normal value is determined.
In a case described in the preceding sentence,
the amount of the adjustment shall be based on
the price differences between the two levels of
trade in the country in which normal value is
determined.
‘‘(B) CONSTRUCTED EXPORT PRICE OFF-
SET.—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 appropriate
basis to determine under subparagraph (A)(ii) a
level of trade adjustment, normal value shall be
reduced by the amount of indirect selling ex-
penses incurred in the country in which normal
value is determined on sales of the foreign like
product but not more than the amount of such
expenses for which a deduction is made under
section 772(d)(1)(D).
‘‘(8) 
ADJUSTMENTS
TO
CONSTRUCTED
VALUE.—Constructed value as determined under
subsection (e), may be adjusted, as appropriate, pur-
suant to this subsection.
187
‘‘(b) SALES AT LESS THAN COST OF PRODUCTION.—
‘‘(1) DETERMINATION; SALES DISREGARDED.—
Whenever the administering authority has reason-
able grounds to believe or suspect 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 that product, the administering authority
shall determine whether, in fact, such sales were
made at less than the cost of production. If the ad-
ministering authority determines that sales made at
less than the cost of production—
‘‘(A) have been made within an extended
period of time in substantial quantities, and
‘‘(B) were not at prices which permit re-
covery of all costs within a reasonable period of
time,
such sales may be disregarded in the determination
of normal value. Whenever such sales are dis-
regarded, normal value shall be based on the re-
maining sales of the foreign like product in the ordi-
nary course of trade. If no sales made in the ordi-
nary course of trade remain, the normal value shall
be based on the constructed value of the merchan-
dise.
189
‘‘(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 production
have been made in substantial quantities if—
‘‘(i) the volume of such sales rep-
resents 20 percent or more of the volume
of sales under consideration for the deter-
mination of normal value, or
‘‘(ii) the weighted average per unit
price of the sales under consideration for
the determination of normal value is less
than the weighted average per unit cost of
production 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 aver-
age per unit cost of production for the period
of investigation or review, such prices shall be
considered to provide for recovery of costs with-
in a reasonable period of time.
190
‘‘(3) CALCULATION
OF
COST
OF
PRODUC-
TION.—For purposes of this subtitle, the cost of pro-
duction shall be an amount equal to the sum of—
‘‘(A) the cost of materials and of fabrica-
tion or other processing of any kind employed
in producing the foreign like product, during a
period which would ordinarily permit the pro-
duction of that foreign like product in the ordi-
nary course of business;
‘‘(B) an amount for selling, general, and
administrative expenses based on actual data
pertaining to production and sales of the for-
eign like product by the exporter in question;
and
‘‘(C) the cost of all containers and cover-
ings of whatever nature, and all other expenses
incidental to placing the foreign like product in
condition packed ready for shipment.
For purposes of subparagraph (A), if the normal
value is based on the price of the foreign like prod-
uct sold for consumption in a country other than the
exporting country, the cost of materials shall be de-
termined without regard to any internal tax in the
exporting country imposed on such materials or their
191
disposition which are remitted or refunded upon ex-
portation.
‘‘(c) NONMARKET ECONOMY COUNTRIES.—
‘‘(1) IN GENERAL.—If—
‘‘(A) the subject merchandise is exported
from a nonmarket economy country, and
‘‘(B) the administering authority finds that
available information does not permit the nor-
mal value of the subject merchandise to be de-
termined under subsection (a),
the administering authority shall determine the nor-
mal value of the subject merchandise on the basis of
the value of the factors of production utilized in pro-
ducing the merchandise and to which shall be added
an amount for general expenses and profit plus the
cost of containers, coverings, and other expenses.
Except as provided in paragraph (2), the valuation
of the factors of production shall be based on the
best available information regarding the values of
such factors in a market economy country or coun-
tries considered to be appropriate by the administer-
ing authority.
‘‘(2) EXCEPTION.—If the administering author-
ity finds that the available information is inadequate
for purposes of determining the normal value of sub-
192
ject merchandise under paragraph (1), the admin-
istering authority shall determine the normal 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
economy 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 lim-
ited 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
PRODUC-
TION.—The administering authority, in valuing fac-
tors of production under paragraph (1), shall utilize,
193
to the extent possible, the prices or costs of factors
of production in one or more market economy coun-
tries that are—
‘‘(A) at a level of economic development
comparable to that of the nonmarket economy
country, and
‘‘(B) significant producers of comparable
merchandise.
‘‘(d) SPECIAL RULE FOR CERTAIN MULTINATIONAL
CORPORATIONS.—Whenever, in the course of an investiga-
tion under this title, the administering authority deter-
mines that—
‘‘(1) subject merchandise exported to the Unit-
ed States is being produced in facilities which are
owned or controlled, directly or indirectly, by a per-
son, firm, or corporation which also owns or con-
trols, directly or indirectly, other facilities for the
production of the foreign like product which are lo-
cated 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 fa-
cilities located in the exporting country,
194
it shall determine the normal value of the subject mer-
chandise by reference to the normal value at which the
foreign like product is sold in substantial quantities from
one or more facilities outside the exporting country. The
administering authority, in making any determination
under this paragraph, shall make adjustments for the dif-
ference between the cost of production (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 satisfaction. For purposes of this
subsection, in determining the normal value of the foreign
like product produced in a country outside of the exporting
country, the administering authority shall determine its
price at the time of exportation 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 incident to placing the
merchandise in condition packed ready for shipment to the
United States by reference to such costs in the exporting
country.
‘‘(e) CONSTRUCTED VALUE.—For purposes of this
title, the constructed value of imported merchandise shall
be an amount equal to the sum of—
195
‘‘(1) the cost of materials and fabrication or
other processing of any kind employed in producing
the merchandise, during a period which would ordi-
narily permit the production of the merchandise in
the ordinary course of business;
‘‘(2)(A) the actual amounts incurred and real-
ized by the specific exporter or producer being exam-
ined in the investigation or review for selling, gen-
eral, and administrative expenses, and for profits, in
connection with the production and sale of a foreign
like product, in the ordinary course of trade, for con-
sumption in the foreign country, or
‘‘(B) if actual data are not available with re-
spect to the amounts described in subparagraph (A),
then—
‘‘(i) the actual amounts incurred and real-
ized by the specific exporter or producer being
examined in the investigation or review for sell-
ing, general, and administrative expenses, and
for profits, in connection with the production
and sale, for consumption in the foreign coun-
try, of merchandise that is in the same general
category of products as the subject merchan-
dise,
196
‘‘(ii) the weighted average of the actual
amounts incurred and realized by exporters or
producers that are subject to the investigation
or review (other than the exporter or producer
described in clause (i)) for selling, general, and
administrative expenses, and for profits, in con-
nection with the production and sale of a for-
eign like product, in the ordinary course of
trade, for consumption 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 rea-
sonable method, except that the amount allowed
for profit may not exceed the amount normally
realized by exporters or producers (other than
the exporter or producer 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 incidental to
placing the subject merchandise in condition packed
ready for shipment to the United States.
197
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 dis-
position which are remitted or refunded upon exportation
of the subject merchandise produced from such materials.
‘‘(f) SPECIAL RULES FOR CALCULATION OF COST OF
PRODUCTION AND FOR CALCULATION OF CONSTRUCTED
VALUE.—For purposes of subsections (b) and (e)—
‘‘(1) COSTS.—
‘‘(A) IN GENERAL.—Costs shall normally
be calculated based on the records of the ex-
porter or producer of the merchandise, if such
records are kept in accordance with the gen-
erally accepted accounting principles of the ex-
porting country (or the producing country,
where appropriate) and reasonably reflect the
costs associated with the production and sale of
the merchandise. The administering authority
shall consider all available evidence on the prop-
er allocation of costs, including that which is
made available by the exporter or producer on
a timely basis, if such allocations have been his-
torically used by the exporter or producer, in
particular for establishing appropriate amorti-
zation and depreciation periods, and allowances
198
for capital expenditures and other development
costs.
‘‘(B) NONRECURRING COSTS.—Costs shall
be adjusted appropriately for those non-
recurring costs that benefit current or future
production, or both.
‘‘(C) STARTUP COSTS.—
‘‘(i) IN GENERAL.—Costs shall be ad-
justed appropriately for circumstances in
which costs incurred during the time pe-
riod covered by the investigation or review
are affected by startup operations.
‘‘(ii) STARTUP OPERATIONS.—Adjust-
ments shall be made for startup operations
only where—
‘‘(I) a producer is using new pro-
duction facilities or producing a new
product that requires substantial ad-
ditional investment, and
‘‘(II) production levels are limited
by technical factors associated with
the initial phase of commercial pro-
duction.
For purposes of subclause (II), the initial
phase of commercial production ends at
199
the end of the startup period. In determin-
ing whether commercial production levels
have been achieved, the administering au-
thority 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 OP-
ERATIONS.—The adjustment for startup
operations shall be made by substituting
the unit production costs incurred with re-
spect to the merchandise at the end of the
startup period for the unit production
costs incurred during the startup period. If
the startup period extends beyond the pe-
riod of the investigation or review under
this title, the administering authority shall
use the most recent cost of production data
that it reasonably can obtain, analyze, and
verify without delaying the timely comple-
tion 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-
201
available regarding such cost of production, if such
cost is greater than the amount that would be deter-
mined for such input under paragraph (2).’’.
SEC. 225. CURRENCY CONVERSION.
(a) IN GENERAL.—Subtitle D of title VII (19 U.S.C.
1677 et seq.) is amended by inserting after section 773
the following new section:
‘‘SEC. 773A. CURRENCY CONVERSION.
‘‘(a) IN GENERAL.—In an antidumping proceeding
under this title, the administering authority shall convert
foreign currencies into United States dollars using the ex-
change rate in effect on the date of sale of the subject
merchandise, except that, if it is established that a cur-
rency 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 subtitle B, if there is
a sustained movement in the value of the foreign currency
relative to the United States dollar, the administering au-
thority shall allow exporters at least 60 days to adjust
their export prices to reflect such sustained movement.’’.
202
(b) CONFORMING AMENDMENT.—The table of con-
tents for title VII is amended by inserting after the item
relating to section 773 the following new item:
‘‘Sec. 773A. Currency conversion.’’.
SEC. 226. PROPRIETARY AND NONPROPRIETARY INFORMA-
TION.
(a) PROPRIETARY STATUS MAINTAINED.—
(1) 
IN
GENERAL.—Section 
777(b)(1) 
(19
U.S.C. 1677f(b)(1)) is amended to read as follows:
‘‘(1) PROPRIETARY STATUS MAINTAINED.—
‘‘(A) IN GENERAL.—Except as provided in
subsection (a)(4)(A) and subsection (c), infor-
mation submitted to the administering author-
ity or the Commission which is designated as
proprietary by the person submitting the infor-
mation shall not be disclosed to any person
without the consent of the person submitting
the information, other than—
‘‘(i) to an officer or employee of the
administering authority or the Commission
who is directly concerned with carrying out
the investigation in connection with which
the information is submitted or any review
under this title covering the same subject
merchandise, or
203
‘‘(ii) to an officer or employee of the
United States Customs Service who is di-
rectly involved in conducting an investiga-
tion regarding fraud under this title.
‘‘(B) ADDITIONAL
REQUIREMENTS.—The
administering authority and the Commission
shall require that information for which propri-
etary treatment is requested be accompanied
by—
‘‘(i) either—
‘‘(I) a non-proprietary summary
in sufficient detail to permit a reason-
able understanding of the substance
of the information submitted in con-
fidence, or
‘‘(II) a statement that the infor-
mation is not susceptible to summary
accompanied by a statement of the
reasons in support of the contention,
and
‘‘(ii) either—
‘‘(I) a statement which permits
the administering authority or the
Commission to release under adminis-
trative protective order, in accordance
204
with subsection (c), the information
submitted in confidence, or
‘‘(II) a statement to the admin-
istering authority or the Commission
that the business proprietary informa-
tion is of a type that should not be re-
leased under administrative protective
order.’’.
(2) SECTION 751 REVIEWS.—Section 777(b) (19
U.S.C. 1677f(b)) is amended by adding at the end
the following:
‘‘(3) SECTION 751 REVIEWS.—Notwithstanding
the provisions of paragraph (1), information submit-
ted to the administering authority or the Commis-
sion in connection with a review under section
751(b) or 751(c) which is designated as proprietary
by the person submitting the information may, if the
review results in the revocation of an order or find-
ing (or termination of a suspended investigation)
under section 751(d), be used by the agency to
which the information was originally submitted in
any investigation initiated within 2 years after the
date of the revocation or termination pursuant to a
petition covering the same subject merchandise.’’.
205
(b) UNWARRANTED PROPRIETARY DESIGNATION.—
Section 777(b)(2) (19 U.S.C. 1677f(b)(2)) is amended by
adding at the end the following new sentence: ‘‘In a case
in which the administering authority or the Commission
returns the information to the person submitting it, the
person may thereafter submit other material concerning
the subject matter of the returned information if the sub-
mission is made within the time otherwise provided for
submitting such material.’’.
SEC. 227. OPPORTUNITY FOR COMMENT BY CONSUMERS
AND INDUSTRIAL USERS.
Section 777 (19 U.S.C. 1677f) is amended by adding
at the end the following new subsection:
‘‘(h) OPPORTUNITY FOR COMMENT BY CONSUMERS
AND INDUSTRIAL USERS.—The administering authority
and the Commission shall provide an opportunity for in-
dustrial users of the subject merchandise and, if the mer-
chandise is sold at the retail level, for representative
consumer organizations, to submit relevant information to
the administering authority concerning dumping or a
countervailable subsidy, and to the Commission concern-
ing material injury by reason of dumped or subsidized im-
ports.’’.
206
SEC. 228. PUBLIC NOTICE AND EXPLANATION OF DETER-
MINATIONS.
Section 777 (19 U.S.C. 1677f), as amended by sec-
tion 227, is amended by adding at the end the following:
‘‘(i) PUBLICATION OF DETERMINATIONS; REQUIRE-
MENTS FOR FINAL DETERMINATIONS.—
‘‘(1) IN GENERAL.—Whenever the administer-
ing authority makes a determination under section
702 or 732 whether to initiate an investigation, or
the administering authority or the Commission
makes a preliminary determination under section
703 or 733, a final determination under section 705
or section 735, a preliminary or final determination
in a review under section 751, a determination to
suspend an investigation under this title, or a deter-
mination under section 753, the administering au-
thority or the Commission, as the case may be, shall
publish the facts and conclusions supporting that de-
termination, and shall publish notice of that deter-
mination in the Federal Register.
‘‘(2) CONTENTS
OF
NOTICE
OR
DETERMINA-
TION.—The notice or determination published under
paragraph (1) shall include, to the extent applica-
ble—
‘‘(A) in the case of a determination of the
administering authority—
207
‘‘(i) the names of the exporters or
producers of the subject merchandise or,
when providing such names is impractica-
ble, the countries exporting the subject
merchandise to the United States,
‘‘(ii) a description of the subject mer-
chandise that is sufficient to identify the
subject merchandise for customs purposes,
‘‘(iii)(I) with respect to a determina-
tion in an investigation under subtitle A or
section 753 or in a review of a countervail-
ing duty order, the amount of the
countervailable subsidy established and a
full explanation of the methodology used in
establishing the amount, and
‘‘(II) with respect to a determination
in an investigation under subtitle B or in
a review of an antidumping duty order, the
weighted average dumping margins estab-
lished and a full explanation of the meth-
odology used in establishing such margins,
and
‘‘(iv) the primary reasons for the de-
termination; and
208
‘‘(B) in the case of a determination of the
Commission—
‘‘(i) considerations relevant to the de-
termination of injury, and
‘‘(ii) the primary reasons for the de-
termination.
‘‘(3) ADDITIONAL REQUIREMENTS FOR FINAL
DETERMINATIONS.—In addition to the requirements
set forth in paragraph (2)—
‘‘(A) the administering authority shall in-
clude in a final determination described in para-
graph (1) an explanation of the basis for its de-
termination that addresses relevant arguments,
made by interested parties who are parties to
the investigation or review (as the case may be),
concerning the establishment of dumping or a
countervailable subsidy, or the suspension of
the investigation, with respect to which the de-
termination is made; and
‘‘(B) the Commission shall include in a
final determination of injury an explanation of
the basis for its determination that addresses
relevant arguments that are made by interested
parties who are parties to the investigation or
review (as the case may be) concerning volume,