level of trade

(D) Export price where F.O.B. value cannot be determined (i) In general In the case of softwood lumber or a softwood lumber product described in clause (i), (ii), or (iii) of subparagraph (A) for which an F.O.B. value cannot be determined, the export price shall be the market price for the identical lumber or product sold in an arm’s-length transaction in the country of export at approximately the same time as the exported lumber or product. The market price shall be determined in the following order of preference: (I) The market price for the lumber or a product sold at substantially the same level of trade as the exported lumber or product but in different quantities. (II) The market price for the lumber or a product sold at a different level of trade than the exported lumber or product but in similar quantities. (III) The market price for the lumber or a product sold at a different level of trade than the exported lumber or product and in different quantities. (ii) Level of trade For purposes of clause (i), “level of trade” shall be determined in the same manner as provided under section 351.412 (c) of title 19, Code of Federal Regulations (as in effect on January 1, 2008 ).

Source

19 USC § 1683(5)(D)


Scoping language

None identified. Default scope is assumed to be the entire title.
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