Section 7: Determination of normal value based on export price to a third country or
consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
7. Determination of normal value based on export price to a third country or
on constructed value
(1) Where there are no sales of the like product in the ordinary course of
trade in the domestic market of the exporting country, or where such sales
do not permit a proper comparison due to a particular market situation or the
low volume of the sales in the domestic market of the exporting country, the
Investigating Authority shall determine the normal value of the investigated
product on the basis of—
(a) a comparable price of the like product when exported to an appropriate third country provided that this price is representative; or
(b) the cost of production in the country of origin plus a reasonable
amount for administrative, selling and general costs and for profits.
(2) For the purposes of subsection (1), any sale of the like product destined for consumption in the domestic market of the exporting country, or sale
to an appropriate third country, shall be considered to be a sufficient quantity
for the determination of the normal value where such sales constitute not less
than 5 per cent of the sales of the investigated product to Mauritius.
(3) Notwithstanding subsection (2), the Investigating Authority shall apply a lower ratio where it is satisfied, based on the evidence submitted by
any interested party or otherwise available that sales at such lower ratio are
of sufficient magnitude to provide for a proper comparison.