19 C.F.R. § 351.406   Calculation of normal value if sales are made at less than cost of production.


Title 19 - Customs Duties


Title 19: Customs Duties
PART 351—ANTIDUMPING AND COUNTERVAILING DUTIES
Subpart D—Calculation of Export Price, Constructed Export Price, Fair Value, and Normal Value

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§ 351.406   Calculation of normal value if sales are made at less than cost of production.

(a) Introduction. In determining normal value, the Secretary may disregard sales of the foreign like product made at prices that are less than the cost of production of that product. However, such sales will be disregarded only if they are made within an extended period of time, in substantial quantities, and are not at prices which permit recovery of costs within a reasonable period of time. (See section 773(b) of the Act.) This section clarifies the meaning of the term “extended period of time” as used in the Act.

(b) Extended period of time. The “extended period of time” under section 773(b)(1)(A) of the Act normally will coincide with the period in which the sales under consideration for the determination of normal value were made.

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