- 42 - 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.Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
Last modified: May 25, 2011