Sec. 102105. Special rules for calculation of cost of production and constructed value to address distorted costs
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Section 773(f)(3) of the Tariff Act of 1930 ( 19 U.S.C. 1677b(f)(3) ) is amended— by striking
(3)inserting the following: Major input rule .—If If ; and by adding at the end of the following: In the case of a transaction between the exporter or producer of the merchandise and any unaffiliated persons described in clause
(ii)involving a major input to the merchandise, the administering authority may value such major input based on the information available as to what the amount would have been if the transaction had occurred between the exporter or producer of the merchandise and any unaffiliated persons other than unaffiliated persons described in clause (ii), if such amount is greater than that reflected in the records of the exporter or producer of the merchandise. Unaffiliated persons described in this clause include— any person in a nonmarket economy country; any producer, exporter, or supplier of the input described in clause
(i)found by the administering authority, or by any investigating authority of a third country, to be receiving a subsidy pertaining to an identical or comparable input in the respective country; any producer, exporter, or supplier of the input described in clause
(i)found by the administering authority, or by any investigating authority of a third country, to be selling an identical or comparable input for less than fair market value in the respective country; a government or public body operating within the territory of the exporting country or in any other country; or a group of governments or public bodies that collectively account for a meaningful share of the production of the input in the exporting country or in any other country. .
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Sec. 102105
Special rules for calculation of cost of production and constructed value to address distorted costs
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