Common use of Export price Clause in Contracts

Export price. Each importer must provide the export price, expressed in U.S. dollars, on the entry summary in the designated space provided on the CBP Form 7501. (i) For purposes of this section, ‘‘ex- port price’’ means one of the following: (A) In the case of softwood lumber or a softwood lumber product that has un- dergone only primary processing, the value that would be determined F.O.B. at the facility where the product un- derwent the last primary processing before export. (B) In the case of softwood lumber or a softwood lumber product that under- went the last remanufacturing before export by a manufacturer who does not hold tenure rights provided by the country of export, did not acquire standing timber directly from the country of export, and is not related to the person who holds tenure rights or acquired standing timber directly from the country of export, the value that would be determined F.O.B. at the fa- cility where the softwood lumber or softwood lumber product underwent the last primary processing. (C) In the case of softwood lumber or a softwood lumber product that under- went the last remanufacturing before export by a manufacturer who holds tenure rights provided by the country of export, acquired standing timber di- rectly from the country of export, or is related to the person who holds tenure rights or acquired standing timber di- rectly from the country of export, the value that would be determined F.O.B. at the facility where the softwood ▇▇▇- ber or softwood lumber product under- went the last processing before export. (D) In the case of softwood lumber or a softwood lumber product described in paragraphs (c)(1)(i)(A), (B) or (C) of this section for which an F.O.B. value can- not be determined, the export price will be the market price for the iden- tical softwood lumber or softwood ▇▇▇- ber product sold in an arm’s-length transaction in the country of export at approximately the same time as the exported softwood lumber or softwood lumber product. The market price will be determined in the following order of preference: (1) The market price for the softwood lumber or softwood lumber product sold at substantially the same level of trade (as described in 19 CFR 351.412(c)) as the exported softwood lumber or softwood lumber product but in dif- ferent quantities. (2) The market price for the softwood lumber or softwood lumber product sold at a different level of trade (as de- fined in 19 CFR 351.412(c)) than the ex- ported softwood lumber or softwood lumber product but in similar quan- tities. (3) The market price for the softwood lumber or softwood lumber product sold at a different level of trade (as de- fined in 19 CFR 351.412(c)) than the ex- ported softwood lumber or softwood lumber product and in different quan- tities. (ii) For purposes of paragraph (c)(1) of this section, the following defini- tions apply: (A) F.O.B. The term ‘‘F.O.B.’’ means a value consisting of all charges payable by a purchaser, including those charges incurred in the placement of ▇▇▇▇▇▇▇- ▇▇▇▇ on board of a conveyance for ship- ment, but does not include the actual shipping charges or any applicable ex- port charges.

Export price. Each importer must provide the export price, expressed in U.S. dollars, on the entry summary in the designated space provided on the CBP Form 7501, or its electronic equiv- alent. (i) For purposes of this section, ‘‘ex- port price’’ means one of the following: (A) In the case of softwood lumber or a softwood lumber product that has un- dergone only primary processing, the value that would be determined F.O.B. at the facility where the product un- derwent the last primary processing before export. (B) In the case of softwood lumber or a softwood lumber product that under- went the last remanufacturing before export by a manufacturer who does not hold tenure rights provided by the country of export, did not acquire standing timber directly from the country of export, and is not related to the person who holds tenure rights or acquired standing timber directly from the country of export, the value that would be determined F.O.B. at the fa- cility where the softwood lumber or softwood lumber product underwent the last primary processing. (C) In the case of softwood lumber or a softwood lumber product that under- went the last remanufacturing before export by a manufacturer who holds tenure rights provided by the country of export, acquired standing timber di- rectly from the country of export, or is related to the person who holds tenure rights or acquired standing timber di- rectly from the country of export, the value that would be determined F.O.B. at the facility where the softwood ▇▇▇- ber or softwood lumber product under- went the last processing before export. (D) In the case of softwood lumber or a softwood lumber product described in paragraphs (c)(1)(i)(A), (B) or (C) of this section for which an F.O.B. value can- not be determined, the export price will be the market price for the iden- tical softwood lumber or softwood ▇▇▇- ber product sold in an arm’s-length transaction in the country of export at approximately the same time as the exported softwood lumber or softwood lumber product. The market price will be determined in the following order of preference: (1) The market price for the softwood lumber or softwood lumber product sold at substantially the same level of trade (as described in 19 CFR 351.412(c)) as the exported softwood lumber or softwood lumber product but in dif- ferent quantities. (2) The market price for the softwood lumber or softwood lumber product sold at a different level of trade (as de- fined in 19 CFR 351.412(c)) than the ex- ported softwood lumber or softwood lumber product but in similar quan- tities. (3) The market price for the softwood lumber or softwood lumber product sold at a different level of trade (as de- fined in 19 CFR 351.412(c)) than the ex- ported softwood lumber or softwood lumber product and in different quan- tities. (ii) For purposes of paragraph (c)(1) of this section, the following defini- tions apply: (A) F.O.B. The term ‘‘F.O.B.’’ means a value consisting of all charges payable pay- able by a purchaser, including those charges incurred in the placement of ▇▇▇▇▇▇▇- ▇▇▇▇ merchandise on board of a conveyance for ship- mentshipment, but does not include the actual shipping charges or any applicable ex- port applica- ble export charges.