19 C.F.R. § 351.409

Differences in quantities

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(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.

Notes of Decisions

Cited in 3 cases, 2009–2011 · leading case: Washington Int'l Ins. Co. v. United States, 2009 CIT 78 (Ct. Intl. Trade 2009).

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Washington Int'l Ins. Co. v. United States, 2009 CIT 78 (Ct. Intl. Trade 2009). “404 (b)(2) (5% considered adequate for certain comparison); 19 C.F.R. § 351.409 (b)(1) (20% considered adequate for certain calculation); 19 C.”

Advanced Tech. & Materials Co., Ltd. v. United States, 2011 CIT 122 (Ct. Intl. Trade 2011). “” 19 C.F.R. § 351.409 . Commerce chose India as an appropriate surrogate country for the investigation of PRC producers, but industry-specific information was apparently unavailable at the time of the preliminary determination, and therefore Commerce used financial ratios taken…”

Washington Int'l Ins. v. United States, 33 Ct. Int'l Trade 1023 (Ct. Intl. Trade 2009). “404 (b)(2) (5% considered adequate for certain comparison); 19 C.F.R. § 351.409 (b)(1) (20% considered adequate for certain calculation); 19 C.”

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