19 U.S. Code § 1677a - Export price and constructed export price
The term “export price” means the price at which the subject merchandise is first sold (or agreed to be sold) before the date of importation by the producer or exporter of the subject merchandise outside of the United States to an unaffiliated purchaser in the United States or to an unaffiliated purchaser for exportation to the United States, as adjusted under subsection (c) of this section.
The term “constructed export price” means the price at which the subject merchandise is first sold (or agreed to be sold) in the United States before or after the date of importation by or for the account of the producer or exporter of such merchandise or by a seller affiliated with the producer or exporter, to a purchaser not affiliated with the producer or exporter, as adjusted under subsections (c) and (d) of this section.
For purposes of subsection (d)(3) of this section, profit shall be an amount determined by multiplying the total actual profit by the applicable percentage.
The term “applicable percentage” means the percentage determined by dividing the total United States expenses by the total expenses.
The term “total United States expenses” means the total expenses described in subsection (d)(1) and (2) of this section.
1994—Pub. L. 103–465 amended section generally, substituting present provisions for provisions defining “United States price”, “purchase price”, and “exporter’s sales price” and providing for adjustments to purchase price and exporter’s sales price.
1984—Subsec. (b). Pub. L. 98–573 inserted “a reseller or” before “the manufacturer”.
Amendment by Pub. L. 103–465 effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995], and applicable with respect to investigations, reviews, and inquiries initiated and petitions filed under specified provisions of this chapter after such date, see section 291 of Pub. L. 103–465, set out as a note under section 1671 of this title.
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