Sec. 205. 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 If, in the case and inserting the following: If, in the case ; and by adding at the end the following: In the case of a transaction between the exporter or producer of the merchandise and any unaffiliated person described in clause
(ii)involving a major input to the merchandise, the administering authority may value such major input based on the information available regarding what the amount would have been if the transaction had occurred between the exporter or producer of the merchandise and an unaffiliated person that is not described in clause
(ii)if that amount is greater than the amount reflected in the records of the exporter or producer of the merchandise. An unaffiliated person described in this clause is— 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 countervailable subsidy pertaining to an identical or comparable input in the subject country if there is no countervailing duty imposed on the input pursuant to a measure in effect in the exporting country based upon a finding by the investigating authority of the exporting country that the producer or supplier of the input described in clause
(i)received a countervailable subsidy; 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 subject country if there is no antidumping duty imposed on the input pursuant to a measure in effect in the exporting country based upon a finding by the investigating authority of the exporting country that the producer or supplier sold the input described in clause
(i)for less than fair market value into the subject country; a government or public body within the territory of the exporting country or any other country; or a group of governments or public bodies, or a combination thereof, that collectively account for a meaningful share of the production of the input described in clause (i). Subclauses (I), (II), and
(III)of clause
(ii)shall not apply to inputs described in clause
(i)that are produced in the exporting country. .
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Sec. 205
Special rules for calculation of cost of production and constructed value to address distorted costs
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