5Article 2(7) of the basic regulation was amended by Council Regulation (EC) No 905/98 of 27 April 1998 (OJ 1998 L 128, p. 18), and subsequently by Council Regulation (EC) No 2238/2000 of 9 October 2000 (OJ 2000 L 257, p. 2). As amended, that provision reads as follows:(a) In the case of imports from non-marketeconomy countries... normal value shall be determined on the basis of the price or constructed value in a market-economy third country, or the price from such a third country to other countries, including the Community, or where those are not possible, on any other reasonable basis, including the price actually paid or payable in the Community for the like product, duly adjusted if necessary to include a reasonable profit margin.An appropriate market-economy third country shall be selected in a not unreasonable manner, due account being taken of any reliable information made available at the time of selection. Account shall also be taken of time-limits; where appropriate, a market-economy third country which is subject to the same investigation shall be used.The parties to the investigation shall be informed shortly after its initiation of the market-economy third country envisaged and shall be given 10 days to comment.(b) In antidumping investigations concerning imports from the Russian Federation, the People's Republic of China, the Ukraine, Vietnam and Kazakhstan and any non-marketeconomy country which is a member of the WTO (World Trade Organisation) at the date of the initiation of the investigation, normal value will be determined in accordance with paragraphs 1 to 6, if it is shown, on the basis of properly substantiated claims by one or more producers subject to the investigation and in accordance with the criteria and procedures set out in subparagraph (c) that market-economy conditions prevail for this producer or producers in respect of the manufacture and sale of the like product concerned. When this is not the case, the rules set out under subparagraph (a) shall apply.(c) A claim under subparagraph (b) must be made in writing and contain sufficient evidence that the producer operates under market-economy conditions, that is if:— decisions of firms regarding prices, costs and inputs, including for instance raw materials, cost of technology and labour, output, sales and investment, are made in response to market signals reflecting supply and demand, and without significant State interference in this regard, and costs of major inputs substantially reflect market values,— firms have one clear set of basic accounting records which are independently audited in line with international accounting standards and are applied for all purposes,— the production costs and financial situation of firms are not subject to significant distortions carried over from the former nonmarket economy system, in particular in relation to depreciation of assets, other write-offs, barter trade and payment via compensation of debts,— the firms concerned are subject to bankruptcy and property laws which guarantee legal certainty and stability for the operation of firms, and— exchange rate conversions are carried out at the market rate.’
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