                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
           SUBTITLE IV--COUNTERVAILING AND ANTIDUMPING DUTIES
 
                       Part IV--General Provisions
 
Sec. 1677f-1. Sampling and averaging; determination of weighted 
        average dumping margin and countervailable subsidy rate
        

(a) In general

    For purposes of determining the export price (or constructed export 
price) under section 1677a of this title or the normal value under 
section 1677b of this title, and in carrying out reviews under section 
1675 of this title, 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 
    1673b(d), 1673d(c), or 1675(a) of this title, 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 paragraph (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 part II of this subtitle, 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 (1)(A)(i) or (ii).

                             (2) Reviews

        In a review under section 1675 of this title, 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.

(e) Determination of countervailable subsidy rate

                          (1) General rule

        In determining countervailable subsidy rates under section 
    1671b(d), 1671d(c), or 1675(a) of this title, the administering 
    authority shall determine an individual countervailable subsidy rate 
    for each known exporter or producer of the subject merchandise.

                            (2) Exception

        If the administering authority determines that it is not 
    practicable to determine individual countervailable subsidy rates 
    under paragraph (1) because of the large number of exporters or 
    producers involved in the investigation or review, the administering 
    authority may--
            (A) determine individual countervailable subsidy rates for a 
        reasonable number of exporters or producers by limiting its 
        examination to--
                (i) a sample of exporters or producers that the 
            administering authority determines is statistically valid 
            based on the information available to the administering 
            authority at the time of selection, or
                (ii) exporters and producers accounting for the largest 
            volume of the subject merchandise from the exporting country 
            that the administering authority determines can be 
            reasonably examined; or

            (B) determine a single country-wide subsidy rate to be 
        applied to all exporters and producers.

    The individual countervailable subsidy rates determined under 
    subparagraph (A) shall be used to determine the all-others rate 
    under section 1671d(c)(5) of this title.

(June 17, 1930, ch. 497, title VII, Sec. 777A, as added Pub. L. 98-573, 
title VI, Sec. 620(a), Oct. 30, 1984, 98 Stat. 3039; amended Pub. L. 
103-465, title II, Secs. 229(a), 269(a), (b)(1), Dec. 8, 1994, 108 Stat. 
4889, 4916.)


                               Amendments

    1994--Pub. L. 103-465, Sec. 269(b)(1), inserted ``and 
countervailable subsidy rate'' after ``margin'' in section catchline.
    Pub. L. 103-465, Sec. 269(a), added subsec. (e).
    Pub. L. 103-465, Sec. 229(a), amended section generally, 
substituting present provisions for provisions authorizing use of 
averaging or generally recognized sampling techniques for purposes of 
determining United States price or foreign market value and for purposes 
of annual reviews under section 1675 of this title, and providing for 
selection of samples and averages by administering authority.


                    Effective Date of 1994 Amendment

    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.


                             Effective Date

    Section applicable with respect to investigations initiated by 
petition or by the administering authority under parts I and II of this 
subtitle, and to reviews begun under section 1675 of this title, on or 
after Oct. 30, 1984, see section 626(b)(1) of Pub. L. 98-573, as 
amended, set out as an Effective Date of 1984 Amendment note under 
section 1671 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1671b, 1671d, 1677m of this 
title.
