Page:United States Statutes at Large Volume 108 Part 6.djvu/321

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PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4889 established and a full explaBation of the methodology used in establislung such margins, and "(iv) the primary reasons for the determination; and "(B) in the case of a determination of the Commission— "(i) considerations relevant to the determination of injury, and (ii; the primary reasons for the determination. "(3) ADDITIONAI. REQUIREMENTS FOR FINAL DETERMINA- TIONS.— In addition to the requirements set forth in paragraph (2)- "(A) the admimstering authority shall include in a final determination described in paragraph (1) an explanation of the basis for its determination that addresses relevant arguments, made by interested parties who are parties to me investigation or review (as the case may be), concerning the establishment of dumping or a countervailable subsidy, or the suspension of the investigation, with respect to which the determination is made; and i "(B) the Commission shall include in a final determination of injury an explanation of the basis for its determination that addresses relevant arguments that are made by ' interested parties who are parties to the investigation or review (as the case may be) concerning volume, price effects, and impact on the iudustry of imports of the subject merchandise.". SEC. 229. SAMPLING AND AVERAGING; DETERMINATION OF WEIGHTED AVERAGE DUMPING MARGIN. (a) IN GENERAL.—Section 777A (19 U.S.C. 1677f-l) is amended to read as follows: -SEC. 777A. SAMPLING AND AVERAGING; DETERMINATION OF WEIGHTED AVERAGE DUMPING MARGIN. "(a) IN GENERAL. —For purposes of determining the export price (or constructed export price) under section 772 or the normal value under section 773, and in carrying out reviews under section 751, tibie administering authority may— "(1) use averaging and statistically vaHd samples, if there is a significant volume of sales of the subject merchandise or a significant number or types of products, and "(2) decUne to take into account adjustments which sire iosignificant in relation to the price or value of the merchandise. "(b) SELECTION OF AVERAGES AND SAMPLES.— The authority to select averages and statistically vaHd samples shall rest exclusively with the administciring authority. The administering authority shall, to the greatest extent possible, consult with the exporters and producers regarding the method to be used to select exporters, producers, or types of products under this section. "(c) DETERMINATION OF DUMPING MARGIN.— "(1) GENERAL RULE.— In determining weighted average dimiping margins under section 733(d), 735(c), or 761(a), the admimstering authority shall determine the individual weighted average dumping margin for each known exporter and producer of the subject merchandise. (2) EXCEPTION.— If it is not practicable to make individual weighted average dumping margin determinations under para- 79-194 0—95 —11:QL 3 Part 6