similar merchandise

(4) The term “similar merchandise” means— (A) merchandise that— (i) was produced in the same country and by the same person as the merchandise being appraised, (ii) is like the merchandise being appraised in characteristics and component material, and (iii) is commercially interchangeable with the merchandise being appraised; or (B) if merchandise meeting the requirements under subparagraph (A) cannot be found (or for purposes of applying subsection (b)(2)(B)(i), regardless of whether merchandise meeting such requirements can be found), merchandise that— (i) was produced in the same country as, but not produced by the same person as, the merchandise being appraised, and (ii) meets the requirement set forth in subparagraph (A)(ii) and (iii). Such term does not include merchandise that incorporates or reflects any engineering, development, artwork, design work, or plan or sketch that— (I) was supplied free or at reduced cost by the buyer of the merchandise for use in connection with the production or the sale for export to the United States of the merchandise; and (II) is not an assist because undertaken within the United States.

Source

19 USC § 1401a(h)(4)


Scoping language

As used in this section
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