Barcode : 4259556-02 A-533-889 REV - Admin Review 12 / 13 / 19 - 5 / 31 / 21
States prior to importation and the CEP methodology was not otherwise warranted based on the facts of the record .
We calculated EP for PESL based on packed prices to unaffiliated purchasers in the United States . We made deductions , where appropriate , for billing adjustments , movement expenses , i . e ., inland freight to the port of exportation , domestic brokerage and handling in the country of manufacture , international freight , and marine insurance , in accordance with section 772 ( c )( 2 )( A ) of the Act . Additionally , pursuant to section 772 ( c )( 1 )( C ) of the Act , we made an adjustment to the reported EP for countervailable export subsidies . 68
D .
Normal Value 1 . Market Viability
In accordance with section 773 ( a )( 1 )( C ) of the Act , to determine whether there was a sufficient volume of sales in the home market to serve as a viable basis for calculating NV ( i . e ., the aggregate volume of home-market sales of the foreign like product is five percent or more of the aggregate volume of U . S . sales ), we compared PESL ’ s volume of home market sales of the foreign like product to the volume of U . S . sales of the subject merchandise . Pursuant to section 773 ( a )( 1 )( B ) of the Act and 19 CFR 351.404 ( b ), because PESL ’ s aggregate volume of home market sales of the foreign like product was less than five percent of the aggregate volume of U . S . sales of the subject merchandise , we determined that the home market is not viable . 69 Furthermore , the volume of sales in PESL ’ s largest third-country market cannot serve as a viable market as its sales volume is less than five percent of the aggregate volume of U . S . sales of subject merchandise , as provided for by 19 CFR 351.404 ( c )( 1 )( ii ).
2 . Level of Trade
In accordance with section 773 ( a )( 1 )( B ) of the Act and , to the extent practicable , we determine NV based on sales in the comparison market at the same level of trade ( LOT ) as the EP or CEP . Pursuant to 19 CFR 351.412 ( c )( 1 )( iii ), the LOT for NV is based on the starting price of the sales in the comparison market or , when NV is based on CV , the starting price of the sales from which we derive selling , general and administrative expenses , and profit .
To determine if NV sales are at a different LOT than export price sales , we examine stages in the marketing process and selling functions along the chain of distribution between the producer and the unaffiliated customer . 70 If the comparison-market sales are at a different LOT and the difference affects price comparability , as manifested in a pattern of consistent price differences between the sales on which NV is based and comparison-market sales at the LOT of the export transaction , we make an LOT adjustment to NV under section 773 ( a )( 7 )( A ) of the Act .
68
The portion of the countervailing duty rate attributable to export subsidies in effect for PESL during the POR is 2.34 percent . See Order , 85 FR at 37432 .
69
See PESL ’ s AQR at Exhibit A-1 ; see also PESL ’ s CQR at Exhibit Revised A-1 .
71
See PESL ’ s Preliminary Analysis Memorandum at 4 and Attachment 1 .
16 Filed By : Kyle Clahane , Filed Date : 7 / 1 / 22 2:00 PM , Submission Status : Approved