[Code of Federal Regulations]
[Title 19, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR351.409]

[Page 261]
 
                        TITLE 19--CUSTOMS DUTIES
 
                         DEPARTMENT OF COMMERCE
 
PART 351--ANTIDUMPING AND COUNTERVAILING DUTIES--Table of Contents
 
 Subpart D--Calculation of Export Price, Constructed Export Price, Fair 
                         Value, and Normal Value
 
Sec.  351.409  Differences in quantities.

    (a) Introduction. Because the quantity of merchandise sold may 
affect the price, in comparing export price or constructed export price 
with normal value, the Secretary will make a reasonable allowance for 
any difference in quantities to the extent the Secretary is satisfied 
that the amount of any price differential (or lack thereof) is wholly or 
partly due to that difference in quantities. (See section 
773(a)(6)(C)(i) of the Act.)
    (b) Sales with quantity discounts in calculating normal value. The 
Secretary normally will calculate normal value based on sales with 
quantity discounts only if:
    (1) During the period examined, or during a more representative 
period, the exporter or producer granted quantity discounts of at least 
the same magnitude on 20 percent or more of sales of the foreign like 
product for the relevant country; or
    (2) The exporter or producer demonstrates to the Secretary's 
satisfaction that the discounts reflect savings specifically 
attributable to the production of the different quantities.
    (c) Sales with quantity discounts in calculating weighted-average 
normal value. If the exporter or producer does not satisfy the 
conditions of paragraph (b) of this section, the Secretary will 
calculate normal value based on weighted-average prices that include 
sales at a discount.
    (d) Price lists. In determining whether a discount has been granted, 
the existence or lack of a published price list reflecting such a 
discount will not be controlling. Ordinarily, the Secretary will give 
weight to a price list only if, in the line of trade and market under 
consideration, the exporter or producer demonstrates that it has adhered 
to its price list.
    (e) Relationship to level of trade adjustment. If adjustments are 
claimed for both differences in quantities and differences in level of 
trade, the Secretary will not make an adjustment for differences in 
quantities unless the Secretary is satisfied that the effect on price 
comparability of differences in quantities has been identified and 
established separately from the effect on price comparability of 
differences in the levels of trade.