TITLE 19 - CUSTOMS DUTIES

CHAPTER III - INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE

SUBCHAPTER C - INVESTIGATIONS OF UNFAIR PRACTICES IN IMPORT TRADE

PART 351 - ANTIDUMPING AND COUNTERVAILING DUTIES

subpart e - IDENTIFICATION AND MEASUREMENT OF COUNTERVAILABLE SUBSIDIES

351.515 - Internal transport and freight charges for export shipments.

  (a) Benefit(1) In general. In the case of internal transport and freight charges on export shipments, a benefit exists to the extent that the charges paid by a firm for transport or freight with respect to goods destined for export are less than what the firm would have paid if the goods were destined for domestic consumption. The Secretary will consider the amount of the benefit to equal the difference in amounts paid.

  (2) Exception. For purposes of paragraph (a)(1) of this section, a benefit does not exist if the Secretary determines that: (i) Any difference in charges is the result of an arm's-length transaction between the supplier and the user of the transport or freight service; or (ii) The difference in charges is commercially justified.

  (b) Time of receipt of benefit. In the case of internal transport and freight charges for export shipments, the Secretary normally will consider the benefit as having been received by the firm on the date on which the firm paid, or in the absence of payment was due to pay, the charges.

  (c) Allocation of benefit to a particular time period. Normally, the Secretary will allocate (expense) the benefit from internal transport and freight charges for export shipments to the year in which the benefit is considered to have been received under paragraph (b) of this section.