§1677f–1 Sampling and Averaging; Determination of Weighted Average Dumping Margin and Countervailable Subsidy Rate

Summary

Tells the trade agency how to figure export prices, normal values, dumping margins, and subsidy rates. The agency may use averages and statistically valid samples when there are many sales or many kinds of products. It can ignore price adjustments that are too small to matter. The agency alone chooses the sampling or averaging method, but it should talk with exporters and producers when it can. Normally the agency must find a separate weighted-average dumping margin and a separate countervailable subsidy rate for each known exporter or producer. If there are too many to handle, the agency may examine a reasonable number instead, using either a statistically valid sample or the exporters and producers that account for the largest share of exports. For subsidies, the agency may instead set one countrywide rate that applies to everyone; individual rates it finds are used to set the “all‑others” rate. When checking whether goods are sold in the U.S. at less than fair value, the agency usually compares weighted averages to weighted averages or compares individual sales to individual sales. It may compare a weighted average to individual sales only if export prices clearly vary a lot by buyer, place, or time and the agency explains why the usual methods won’t work. In reviews, when matching an individual U.S. sale to foreign sales, the agency limits the averaging of foreign prices to the calendar month that best matches the U.S. sale. For goods from nonmarket-economy countries, if a countervailable subsidy (not an export subsidy) lowered import prices and the agency can estimate how much that subsidy, together with the chosen normal value method, raised the dumping margin, the agency must lower the antidumping duty by that estimated amount, but not by more than the part of the countervailing duty that is due to that subsidy.