Compaq Computer Corporation and Subsidiaries - Page 42




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                    Q    * * * your objections to the adjustment from                 
               consignment to turnkey then, in terms of the real world                
               markup, really just come down to what the material                     
               markup is, right?                                                      
                    A    Oh yes.  That actually--yes.  I have no                      
               qualms, the clear issue is how large the markup should                 
               be.                                                                    
                    Q    So you and I can agree that you can adjust                   
               from consignment to turnkey transactions, and you can                  
               do so with certainty.                                                  
                    A    You can adjust from consignment to turnkey                   
               transactions, the--when you say whether you can do it                  
               with certainty is somewhat problematic since I clearly                 
               believe that sort of the 5 percent net should be done                  
               here and you believe that the 17.7 percent of gross                    
               should be used and that is a lot of money.                             
                    Q    And the certainty point is that there is a                   
               range of different markups in the marketplace, isn't                   
               there?                                                                 
                    A    Yes.                                                         
          Moreover, we do not believe that excluding the turnkey equivalent           
          transactions from the analysis would change the result here.                
          Respondent's failure to provide an alternative CUP analysis                 
          supports our impression that the undisputed actual transactions             
          establish arm's-length consistency for petitioner's pricing.                
               Respondent also challenges the use of 17.7 percent as a                
          material markup, arguing that markups on other transactions were            
          less than 17.7 percent.  Respondent's contention is that the                
          excessive markup allows Compaq Asia to earn too much money.                 
          Instead, respondent advocates the use of a 5-percent material               
          markup, despite not being able to point to one single arm's-                
          length transaction that took place at such a minimal markup.                








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