Page:United States Statutes at Large Volume 108 Part 6.djvu/315

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PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4883 "(B) the administering authority finds that available information does not permit the normal value of the subject merclmndise to be determined under subsection (a), the administering authority shall determine the normal value of the subject merchandise on the basis of the value of the factors of production utilized in producing the merchandise and to which shall be added an amount for general expenses and profit plus the cost of containers, coverings, and other expenses. Except as provided in paragraph (2), the valuation of the factors oi production shall be based on the best available information regsirding the values of such factors in a market economy country or countries considered to be appropriate by the administering authority. "(2) EXCEPTION.— If the administering authority finds that the available information is inadequate for purposes of determining the normal value of subject merchandise under paragraph (1), the administering authority shall determine the normal value on the basis of the price at which merchandise that is— "(A) comparable to the subject merchandise, and

    • (B) produced in one or more market economy countries

that are at a level of economic development comparable to that of the nonmarket economy country, is sold in other countries, including the United States. "(3) FACTORS OF PRODUCTION. —For puiposes of paragraph (1), the factors of production utilized in producing merchandise include, but are not Limited to—

    • (A) hours of labor required,

"(B) quantities of raw materials employed, "(C) amounts of energy and other utilities consiuned, and "(D) representative capital cost, including depreciation. "(4) VALUATION OF FACTORS OF PRODUCTION. —l l ie administering authority, in valuing factors of production under paragraph (1), shall utUize, to the extent possible, the prices or costs of factors of production in one or more market economy countries that are— "(A) at a level of economic development comparable to that of the nonmarket economy country, and "(B) significant producers of comparable merchandise. "(d) SPECIAL RULE FOR CERTAIN MULTINATIONAL CORPORA- TIONS. —Whenever, in the course of an investigation under this title, the administering authority determines that— "(1) subject merchandise exported to the United States is being produced in faciHties which are owned or controlled, directly or indirectly, by a person, firm, or corporation which also owns or controls, directly or indirectly, other faciHties for the production of the foreign like product which are located in another country or countries, "(2) subsection (a)(l)(C) applies, and "(3) the normal value of the foreign like product produced in one or more of the facilities outside the exporting country is higher than the normal vsdue of the foreign Uke product produced in the facilities located in the exporting country, it shall determine the normal value of the subject merchandise by reference to the normjil vsdue at which the foreign like product is sold in substantial quantities fix)m one or more facilities outside