- 39 - and 1992, the appropriate adjustment for duty costs was to reduce Compaq Asia prices by $1.2 million to make them comparable with unrelated subcontractor prices. Compaq U.S. paid unrelated subcontractors for setup and cancellation charges but did not pay Compaq Asia for similar costs. Thus, at arm's length, an adjustment must be made for the setup and cancellation charges paid to the unrelated subcontractors. According to petitioner, for 1991 and 1992, the appropriate adjustment for the setup and cancellation charges was a $2.9 million increase in Compaq Asia prices. Regarding material inventories, petitioner argues that Compaq Asia had more at risk than did unrelated subcontractors, because Compaq Asia purchased materials and components based on a nonbinding forecast. Accordingly, if either demand or design for a PCA changed, Compaq Asia bore the risk that its materials and components inventory would not be used or would become obsolete. The unrelated subcontractors, on the other hand, waited until they received a firm purchase order before they committed to buying materials and components. Furthermore, Compaq U.S. contractually committed to be responsible for the materials and components inventories in the event that demand or design changed. Thus, Compaq U.S. and not the unrelated subcontractors bore the risk that design or demand would change. At arm's length, an adjustment is required to reflect the risks and costsPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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