SAMPLING AND AVERAGING; DETERMINATION OF WEIGHTED AVERAGE DUMPING MARGIN.

SEC. 229. SAMPLING AND AVERAGING; DETERMINATION OF WEIGHTED AVERAGE DUMPING MARGIN. (a) In General.—Section 777A (19 U.S.C. 1677f-1) is amended to read as follows: “SEC. 777A. SAMPLING AND AVERAGING; DETERMINATION OF WEIGHTED AVERAGE DUMPING MARGIN. “(a) In General.—For purposes of determining the export price (or constructed export price) under section 772 or the normal value under section 773, and in carrying out reviews under section 751, the administering authority may— “(1) use averaging and statistically valid samples, if there is a significant volume of sales of the subject merchandise or a significant number or types of products, and “(2) decline to take into account adjustments which are insignificant in relation to the price or value of the merchandise. “(b) Selection of Averages and Samples.—The authority to select averages and statistically valid samples shall rest exclusively with the administering authority. The administering authority shall, to the greatest extent possible, consult with the exporters and producers regarding the method to be used to select exporters, producers, or types of products under this section. “(c) Determination of Dumping Margin.— “(1) General rule.—In determining weighted average dumping margins under section 733(d), 735(c), or 751(a), the administering authority shall determine the individual weighted average dumping margin for each known exporter and producer of the subject merchandise. “(2) Exception.— If it is not practicable to make individual weighted average dumping margin determinations under para-108 STAT. 4890graph (1) because of the large number of exporters or producers involved in the investigation or review, the administering authority may determine the weighted average dumping margins for a reasonable number of exporters or producers by limiting its examination to— “(A) a sample of exporters, producers, or types of products that is statistically valid based on the information available to the administering authority at the time of selection, or “(B) exporters and producers accounting for the largest volume of the subject merchandise from the exporting country that can be reasonably examined. “(d) Determination of Less Than Fair Value — “(1) Investigations.— “(A) In general.—In an investigation under subtitle B, the administering authority shall determine whether the subject merchandise is being sold in the United States at less than fair value— “(i) by comparing the weighted average of the normal values to the weighted average of the export prices (and constructed export prices) for comparable merchandise, or “(ii) by comparing the normal values of individual transactions to the export prices (or constructed export prices) of individual transactions for comparable merchandise. “(B) Exception.—The administering authority may determine whether the subject merchandise is being sold in the United States at less than fair value by comparing the weighted average of the normal values to the export prices (or constructed export prices) of individual transactions for comparable merchandise, if— “(i) there is a pattern of export prices (or constructed export prices) for comparable merchandise that differ significantly among purchasers, regions, or periods of time, and “(ii) the administering authority explains why such differences cannot be taken into account using a method described in paragraph (l)(A)(i) or (ii). “(2) Reviews.—In a review under section 751, when comparing export prices (or constructed export prices) of individual transactions to the weighted average price of sales of the foreign like product, the administering authority shall limit its averaging of prices to a period not exceeding the calendar month that corresponds most closely to the calendar month of the individual export sale.”. (b) Dumping Margin; Weighted Average Dumping Margin.—Section 771 (19 U.S.C. 1677), as amended by section 222(i), is amended by adding at the end the following new paragraph: “(35) Dumping margin; weighted average dumping margin.— “(A) Dumping margin.—The term ‘dumping margin’ means the amount by which the normal value exceeds the export price or constructed export price of the subject merchandise. “(B) Weighted average dumping margin.—The term ‘weighted average dumping margin’ is the percentage deter-108 STAT. 4891mined by dividing the aggregate dumping margins determined for a specific exporter or producer by the aggregate export prices and constructed export prices of such exporter or producer. “(C) Magnitude of the margin of dumping.—The magnitude of the margin of dumping used by the Commission shall be— “(i) in making a preliminary determination under section 733(a) in an investigation (including any investigation in which the Commission cumulatively assesses the volume and effect of imports under paragraph (7)(G)(i)), the dumping margin or margins published by the administering authority in its notice of initiation of the investigation; “(ii) in making a final determination under section 735(b), the dumping margin or margins most recently published by the administering authority prior to the closing of the Commission’s administrative record; “(iii) in a review under section 751(b)(2), the most recent dumping margin or margins determined by the administering authority under section 752(c)(3), if any, or under section 733(b) or 735(a); and “(iv) in a review under section 751(c), the dumping margin or margins determined by the administering authority under section 752(c)(3).”.