[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: 19CFR351.406]

[Page 259]
 
                        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.  351.406  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.