Federal · Title 19 — Customs Duties

19 U.S.C. § 1677f: Sampling and averaging; determination of weighted average dumping margin and countervailable subsidy rate

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use averaging and statistically valid samples, if there is a significant volume of sales of the subject merchandise or a significant number or types of products, and decline to take into account adjustments which are insignificant in relation to the price or value of the merchandise. The authority to select averages and statistically valid samples shall rest exclusively with the administering 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. In determining weighted average dumping margins under section 1673b(d), 1673d(c), or 1675(a) of this title, the administering authority shall determine the individual weighted average dumping margin for each known exporter and producer of the subject merchandise. a sample of exporters, producers, or types of products that is statistically valid based on the information available to the administering authority at the time of selection, or exporters and producers accounting for the largest volume of the subject merchandise from the exporting country that can be reasonably examined. by comparing the weighted average of the normal values to the weighted average of the export prices (and constructed export prices) for comparable merchandise, or by comparing the normal values of individual transactions to the export prices (or constructed export prices) of individual transactions for comparable merchandise. there is a pattern of export prices (or constructed export prices) for comparable merchandise that differ significantly among purchasers, regions, or periods of time, and the administering authority explains why such differences cannot be taken into account using a method described in paragraph (1)(A)(i) or (ii). In a review under section 1675 of this title , when comparing export prices (or constructed export prices) of individual transactions to the weighted average price of sales of the foreign like product, the administering authority shall limit its averaging of prices to a period not exceeding the calendar month that corresponds most closely to the calendar month of the individual export sale. In determining countervailable subsidy rates under section 1671b(d), 1671d(c), or 1675(a) of this title, the administering authority shall determine an individual countervailable subsidy rate for each known exporter or producer of the subject merchandise. a sample of exporters or producers that the administering authority determines is statistically valid based on the information available to the administering authority at the time of selection, or exporters and producers accounting for the largest volume of the subject merchandise from the exporting country that the administering authority determines can be reasonably examined; or determine a single country-wide subsidy rate to be applied to all exporters and producers. pursuant to section 1671(a)(1) of this title , a countervailable subsidy (other than an export subsidy referred to in section 1677a(c)(1)(C) of this title ) has been provided with respect to the class or kind of merchandise, such countervailable subsidy has been demonstrated to have reduced the average price of imports of the class or kind of merchandise during the relevant period, and the administering authority can reasonably estimate the extent to which the countervailable subsidy referred to in subparagraph (B), in combination with the use of normal value determined pursuant to section 1677b(c) of this title , has increased the weighted average dumping margin for the class or kind of merchandise, The administering authority may not reduce the antidumping duty applicable to a class or kind of merchandise from a nonmarket economy country under this subsection by more than the portion of the countervailing duty rate attributable to a countervailable subsidy that is provided with respect to the class or kind of merchandise and that meets the conditions described in subparagraphs (A), (B), and (C) of paragraph (1). all investigations and reviews initiated pursuant to title VII of that Act ( 19 U.S.C. 1671 et seq.) on or after the date of the enactment of this Act [ Mar. 13, 2012 ]; and subject to subsection (c) of section 129 of the Uruguay Round Agreements Act ( 19 U.S.C. 3538 ), all determinations issued under subsection (b)(2) of that section on or after the date of the enactment of this Act.”

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