ADDRESSING CIRCUMVENTION BY NEW SHIPPERS.

SEC. 433. ADDRESSING CIRCUMVENTION BY NEW SHIPPERS. Section 751(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 1675(a)(2)(B)) is amended— (1) by striking clause (iii); (2) by redesignating clause (iv) as clause (iii); and (3) by inserting after clause (iii), as redesignated by paragraph (2) of this section, the following: “(iv) Determinations based on bona fide sales.—Any weighted average dumping margin or individual countervailing duty rate determined for an exporter or producer in a review conducted under clause (i) shall be based solely on the bona fide United States sales of an exporter or producer, as the case may be, made during the period covered by the review. In determining whether the United States sales of an exporter or producer made during the period covered by the review were bona fide, the administering authority shall consider, depending on the circumstances surrounding such sales— “(I) the prices of such sales; “(II) whether such sales were made in commercial quantities; “(III) the timing of such sales; “(IV) the expenses arising from such sales; “(V) whether the subject merchandise involved in such sales was resold in the United States at a profit; “(VI) whether such sales were made on an arms-length basis; and “(VII) any other factor the administering authority determines to be relevant as to whether such sales are, or are not, likely to be typical of those the exporter or producer will make after completion of the review.” .