Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p9
Version: federal_register_of_legislation:C2004A04823
Segment Type: other
Provision Reference: 
Character Range: 21124–23835

volume of sales of such goods at a price below the cost of such goods over that period is not less than 20% of the total volume of sales over that period.

"(3) Costs of goods are taken to be recoverable within a reasonable period of time if, although the selling price of those goods at the time of their sale is below their cost at that time, the selling price is above the weighted average cost of such goods over the investigation period.

  "(4) The cost of goods is worked out by adding:

     (a) the amount determined by the Minister to be the cost of production or manufacture of those goods in the country of export; and

     (b) the amount determined by the Minister to be the administrative, selling and general costs associated with the sale of those goods.

"(5) Amounts determined by the Minister for the purposes of paragraphs (4)(a) and (b) must be worked out in such manner, and taking account of such factors, as the regulations provide in respect of those purposes.".

Export price

9. Section 269TAB of the Principal Act is amended by omitting from subsection (4) "subsection (3)" and substituting "this section".

Normal value of goods

  10. Section 269TAC of the Principal Act is amended:

     (a) by omitting subparagraphs (2)(a)(i) and (ii) and substituting the following subparagraphs:

       "(i) because of the absence, or low volume, of sales of like goods in the market of the country of export that would be relevant for the purpose of determining a price under subsection (1); or

       (ii) because the situation in the market of the country of export is such that sales in that market are not suitable for use in determining a price under subsection (1);";

  (b) by omitting from subsection (2) all the words after subparagraph (2)(c)(i) and substituting:

            "(ii) on the assumption that the goods, instead of being exported, had been sold for home consumption in the ordinary course of trade in the country of export—such amounts as the Minister determines would be the administrative, selling and general costs associated with the sale and, subject to subsection (13), the profit on that sale; or

       (d) if the Minister directs that this paragraph applies—the price determined by the Minister to be the price paid for like goods sold in the ordinary course of trade in arms length transactions for exportation from the country of export to a third country determined by the Minister to be an appropriate third country";

(c) by omitting subsection (3) and substituting the following subsection:

   "(3) The price determined under paragraph (2)(d) is a price that the Minister determines, having regard to the quantity of like goods sold as described in