are produced within— (i) any country with which the United States has a free trade agreement, or (ii) the United States, and (C) for which the pollution intensity difference is not greater than 50 percent, the variable charge shall be zero. (e) Limitation Subsection (d) shall not apply to any covered product which is produced in a country which is classified as a nonmarket economy country unless such country— (1) is a low-income country or a lower-middle-income country, and (2) is a party to an international partnership agreement. (f) Circumvention (1) In general If the Secretary (in consultation with the United States Trade Representative, the appropriate congressional committees, and any relevant Federal agency) determines that any country is attempting to circumvent application of the fee imposed under section 4691, the Secretary shall adjust the variable charge in such manner is as deemed necessary to offset such circumvention. (2) Inclusion For purposes of this subsection, circumvention of the fee imposed under section 4691 shall include— (A) artificially decreasing the price for which a covered product is sold, and (B) subsidization to producers within the country of origin to offset such fee. (3) Determination If the Secretary determines that a country is attempting to circumvent application of the fee imposed under section 4691, the Secretary shall publish in the Federal Register— (A) a justification for such determination, (B) the adjusted variable charge applicable to any covered product produced in such country, and (C) the date (not later than 6 months after the date of publication) on which the adjusted variable charge will begin application. 4693. Calculation of pollution intensity (a) In general For purposes of determining the applicable tiers for covered products under section 4692(b), the Secretary and the Board shall develop consistent methods for calculating the pollution intensity of any covered product which are specific to the country of origin. (b) Form (1) In general With respect to any