Sec. 4. Determination of duties for new exporters and producers based on bona fide United States sales
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Section 751(a)(2)(B) of the Tariff Act of 1930 ( 19 U.S.C. 1675(a)(2)(B) ) is amended— by striking clause (iii); by redesignating clause
(iv)as clause (iii); and by adding at the end the following: An exporter or producer may be eligible for an individual weighted average dumping margin or individual countervailing duty rate established in a review conducted under clause
(i)only if that exporter or producer— is not affiliated with an exporter or producer who exported subject merchandise during the period covered by the review or exported subject merchandise to the United States during any period, and demonstrates that sales of subject merchandise by that exporter or producer in the United States, or for exportation to the United States, during the period covered by the review that are relied upon as the basis for requesting the review and the calculation of an individual dumping margin or individual countervailing duty rate, are— bona fide, and sold to a person that is not affiliated with that exporter or producer. In determining whether sales in the United States by an exporter or producer are bona fide for purposes of subclause (I)(aa), the administering authority shall consider, depending on the circumstances surrounding such sales— the prices of such sales, whether such sales were made in commercial quantities, the timing of such sales, the expenses arising from such sales, whether the subject merchandise involved in such sales was resold in the United States at a profit, whether such sales were made on an arms-length basis, and any other factor the administering authority considers to be relevant with respect to whether such sales are, or are not, likely to be typical of sales the exporter or producer will make after completion of the review. .
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Sec. 4
Determination of duties for new exporters and producers based on bona fide United States sales
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