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Determining cost of production and constructed value under section 15 of Act

Countervailing and Anti-Dumping Duties Regulations 1997

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—(1) The cost of production of the subject goods for the purpose of section 15(5) of the Act, is the sum of —(a)the cost of materials and of fabrication or processing in the production of the subject goods in the exporting country; and(b)a reasonable amount for administrative, selling and general costs (including financial costs).(2) The constructed value of the subject goods for the purpose of section 15(2)(b) of the Act is the sum of the cost of production and a reasonable amount for profits.(3) The amounts referred to in paragraphs (1) and (2) are to be determined based on actual data pertaining to production and sales in the ordinary course of trade of the like goods in the exporting country by the producer or exporter under investigation or review.(4) Where the amounts referred to in paragraphs (1) and (2) cannot be determined on the basis specified in paragraph (3), the amounts may be determined on the basis of —(a)the actual amounts incurred and realised by the exporter or producer under investigation or review in respect of production and sales in the domestic market of the country of origin of the same general category of goods;(b)the weighted average of the actual amounts incurred and realised by other exporters or producers subject to investigation in respect of production and sales of the like goods in the domestic market of the country of origin; or (c)any other reasonable method, provided that the amount for profit so established does not exceed the profit normally realised by other exporters or producers on sales of goods of the same general category in the domestic market of the country of origin.(5) In computing the constructed value of the subject goods, the Minister may disregard any cost arising out of a transaction directly or indirectly between related parties or among parties which appear to have compensatory arrangements with each other unless that cost is comparable to the costs between unrelated parties or parties which do not have compensatory arrangements with each other.(6) If a transaction is disregarded under paragraph (5) and there are no other transactions available for consideration, then the determination of the amounts required to be considered under paragraphs (1) and (2) is to be based on the facts available as to what the amounts would have been if the transaction had occurred between unrelated parties or parties without the compensatory arrangements.

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