Page:United States Statutes at Large Volume 108 Part 6.djvu/322

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108 STAT. 4890 PUBLIC LAW 103-465—DEC. 8, 1994 ^aph (1) because of the large number of exporters or producers involved in the investigation or review, the administering authority may determine the weighted average dumping margins for a reasonable number of exporters or producers by limiting its examination to—

    • (A) a sample of exporters, producers, or types of products that is statistically valid based on the information

available to the administering authority at the time of selection, or

  • (B) esroorters and producers accounting for the lai^est

volume of the subject merchandise from the exporting country that can be reasonably examined.

    • (d) DETERMINATION OF LESS THAN FAIR VALUE. —

" (1) INVESTIGATIONS. —

    • (A) IN GENERAL. —In an investigation under subtitie

B, the administering authority shall determine whether the subject merchandise is being sold in the United States at less than fair value— "(i) by comparing the weighted average of the normal values to the weighted average of the export prices (and constructed export prices) for compjirable merchandise, or

    • (ii) by comparing the normal values of individual

transactions to the export prices (or constructed export prices) of individual transactions for comparable merchandise.

    • (B) EXCEPTION. —The administering authority may

determine whether the subject merchandise is being sold in the United States at less than fair value by comparing the weighted average of the normal values to the export prices (or constructed export prices) of individual transactions for comparable merchandise, if—

    • (i) there is a pattern of export prices (or constructed export prices) for comparable merchandise

that differ sigmficantiy among purchasers, regions, or periods of time, and

    • (ii) the administering authority explains why such

differences cannot be taken into account using a method described in paragraph (l)(A)(i) or (ii). "(2) REVIEWS.— In a review under section 751, when comparing export prices (or constructed export prices) of individual transactions to the weighted average price of sales of the foreign like product, the administering authority shall limit its averaging of prices to a period not exceeding the calendar month that corresponds most closely to the calendar month of the individual export sale.**. (b) DUMPING MARGIN; WEIGHTED AVERAGE DUMPING MARGIN.— Section 771 (19 U.S.C. 1677), as amended by section 222(i), is amended by adding at the end the following new paragraph: " (35) DUMPING MARGIN; WEIGHTED AVERAGE DUMPING MAR- GIN. — "(A) DUMPING MARGIN.— The term 'dumping margin' means the amount by which the normal value exceeds the export price or constructed export price of the subject merchandise. "(B) WEIGHTED AVERAGE DUMPING MARGIN.— The term ^weighted average dumping margin' is the percentage deter-