The Regulations Governing the Implementation of the Imposition of Countervailing and Anti-Dumping Duties Article 28

Any of the following circumstances shall not be treated as being in the ordinary course of trade pursuant to paragraph 2 of Article 68 of the Act, and the price thereof shall not be considered as the normal value:1. where the cost or price is affected because of an association or a compensatory arrangement between the purchaser and seller; or2. where sales of the like product in the exporting country, country of origin or sales to a third country at prices below per unit costs of production plus administrative, selling and other relevant costs, which are made within an extended period of time, and all the weighted average selling prices of the transactions are below the weighted average per unit cost, or that the volume of sales below per unit costs represents more than 20 percent of the volume sold in the transaction, and are at prices which do not provide for the recovery of all costs within a reasonable period of time. If prices which are below per unit costs at the time of sale are above the weighted average cost during the period of investigation, such prices shall be considered to provide for recovery of costs within a reasonable period of time.