[Code of Federal Regulations]
[Title 19, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR351.403]

[Page 257]
 
                        TITLE 19--CUSTOMS DUTIES
 
                         DEPARTMENT OF COMMERCE
 
PART 351--ANTIDUMPING AND COUNTERVAILING DUTIES--Table of Contents
 
 Subpart D--Calculation of Export Price, Constructed Export Price, Fair 
                         Value, and Normal Value
 
Sec.  351.403  Sales used in calculating normal value; transactions between affiliated parties.

    (a) Introduction. This section clarifies when the Secretary may use 
offers for sale in determining normal value. Additionally, this section 
clarifies the authority of the Secretary to use sales to or through an 
affiliated party as a basis for normal value. (See section 773(a)(5) of 
the Act (indirect sales or offers for sale).)
    (b) Sales and offers for sale. In calculating normal value, the 
Secretary normally will consider offers for sale only in the absence of 
sales and only if the Secretary concludes that acceptance of the offer 
can be reasonably expected.
    (c) Sales to an affiliated party. If an exporter or producer sold 
the foreign like product to an affiliated party, the Secretary may 
calculate normal value based on that sale only if satisfied that the 
price is comparable to the price at which the exporter or producer sold 
the foreign like product to a person who is not affiliated with the 
seller.
    (d) Sales through an affiliated party. If an exporter or producer 
sold the foreign like product through an affiliated party, the Secretary 
may calculate normal value based on the sale by such affiliated party. 
However, the Secretary normally will not calculate normal value based on 
the sale by an affiliated party if sales of the foreign like product by 
an exporter or producer to affiliated parties account for less than five 
percent of the total value (or quantity) of the exporter's or producer's 
sales of the foreign like product in the market in question or if sales 
to the affiliated party are comparable, as defined in paragraph (c) of 
this section.

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