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 outside of the United States to an unaffiliated purchaser in the United States or to an unaffiliated purchaser for exportation to the United States, as adjusted under subsection (c).
The term "constructed export price" means the price at which the subject merchandise is first sold (or agreed to be sold) in the United States before or after the date of importation by or for the account of the producer or exporter of such merchandise or by a seller affiliated with the producer or exporter, to a purchaser not affiliated with the producer or exporter, as adjusted under subsections (c) and (d).
The price used to establish export price and constructed export price shall be-
For purposes of this section, the price used to establish constructed export price shall also be reduced by-
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 substantially the value of the subject merchandise, the administering 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 reasonable basis for comparison and the administering authority determines that the use of such sales is appropriate:
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.
For purposes of subsection (d)(3), profit shall be an amount determined by multiplying the total actual profit by the applicable percentage.
For purposes of this subsection:
The term "applicable percentage" means the percentage determined by dividing the total United States expenses by the total expenses.
The term "total United States expenses" means the total expenses described in subsection (d)(1) and (2).
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 producer and foreign exporter of the subject merchandise and by or on behalf of the United States seller affiliated with the producer or exporter with respect to the production and sale of such merchandise:
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 merchandise for which total expenses are determined under such subparagraph.
19 U.S.C. § 1677a
June 17, 1930, ch. 497, title VII, §772, as added Pub. L. 96-39, title I, §101, July 26, 1979, 93 Stat. 181; amended Pub. L. 98-573, title VI, §614, Oct. 30, 1984, 98 Stat. 3036; Pub. L. 103-465, title II, §223, Dec. 8, 1994, 108 Stat. 4876.
AMENDMENTS 1994-Pub. L. 103-465 amended section generally, substituting present provisions for provisions defining "United States price", "purchase price", and "exporter's sales price" and providing for adjustments to purchase price and exporter's sales price.1984-Subsec. (b). Pub. L. 98-573 inserted "a reseller or" before "the manufacturer".
EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-465 effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), and applicable with respect to investigations, reviews, and inquiries initiated and petitions filed under specified provisions of this chapter after such date, see section 291 of Pub. L. 103-465, set out as a note under sectionof this title.
EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-573 effective Oct. 30, 1984, see section 626(a) of Pub. L. 98-573, set out as a note under sectionof this title.