19 CFR 351.411 : Customs Duties (§ 0.1 To Parts 400-599) — (§ 200.735-101 To Parts 400-599) — International Trade Administration, Department Of Commerce (Parts 300-350 To Parts 361-399) — Antidumping And Countervailing Duties (§ 351.101 To § 351.702) — Calculation Of Export Price, Constructed Export Price, Fair Value, And Normal Value (§ 351.401 To § 351.415) — Differences in physical characteristics.

4 Aug 2016

(a) Introduction. In comparing United States sales with foreign market sales, the Secretary may determine that the merchandise sold in the United States does not have the same physical characteristics as the merchandise sold in the foreign market, and that the difference has an effect on prices. In calculating normal value, the Secretary will make a reasonable allowance for such differences. (See section 773(a)(6)(C)(ii) of the Act.)

(b) Reasonable allowance. In deciding what is a reasonable allowance for differences in physical characteristics, the Secretary will consider only differences in variable costs associated with the physical differences. Where appropriate, the Secretary may also consider differences in the market value. The Secretary will not consider differences in cost of production when compared merchandise has identical physical characteristics.

19 CFR 351.411