The export price Sample Clauses

The export price. The comparable export price of the “like product” may a be a transaction based price (PXtv) or a weighted-average (PX-wt) price. As already mentioned, a weighted-average export price should be compared with a weighted-average normal value, while an individual export price should be compared with an individual normal value on a transaction by transaction basis (Xxxx 1998:14-15). The URAA also provides for the eventuality that there may be no export price or that the export price may be unreliable30 (GATT Secretariat 1994:170). An export price may be considered to be unreliable “because of association or a compensatory arrangement between the exporter and the importer or a third party...” (GATT Secretariat 1994:170). For example, the importer could be a dealer for the exporter, and in such a case the price paid by the dealer would be regarded as a transfer price and not as an export price. An export price may then be constructed, using as basis the price at which the imported products are resold to the first independent (unrelated or unaffiliated) buyer in the country of import. In other words, the parties in the transaction must be at arms length (Corr 1997:80; Stanbrook & Bentley 1996:55; Vermulst & Xxxxxxxx 1997:138-139). If it is not possible to construct the export price on this basis, the 30 Anti-dumping Agreement, PART 1, Article 2, paragraph 2.3. Anti-dumping Agreement allows the authorities to determine or construct an export price “on such reasonable basis as the authorities may determine”. The purpose of constructing the export price is to arrive at a price in a theoretical and objective fashion, which reflects what the importer would have paid if there had been no relationship between the importer and exporter (Xxxx 1998:14-15; GATT Secretariat 1994:170; Xxxxxxx & Xxxxxxxxx 1994:5-6; Xxxxxxxx 1995:53-56; Stanbrook & Bentley 1996:52-57). This is done to prevent any attempt to circumvent31 an anti-dumping investigation or to influence the findings by and in favour of the exporter and importer to the detriment of the import- competing industry. But the export price could be influenced in favour of the applicant of the anti- dumping investigation (the import-competing industry) if the export prices need to be constructed. Prior to the URAA, both the EU and US were accused of inflating dumping margins in anti-dumping cases when the export prices had to be constructed (Matsumoto & Xxxxxxxxx 1990:7; Vermulst 1987:441; Vermulst & Xxxxxxxx 1997:136-139; W...