19 U.S.C. § 3571 — Subsidies enforcement
submitted 32 years ago by Pub. L. 103-465 to r/title-19-CUSTOMS-DUTIES · 2,526 words · no verdicts yet
The administering authority must provide information and, when feasible, help about multilateral subsidy remedies. The section establishes notice, investigation, consultation, monitoring, reporting, and enforcement duties involving prohibited, actionable, and nonactionable subsidies.
(a) Assistance. On request, the administering authority must give the public information and, when feasible, interested parties help and advice about (1) remedies and benefits under relevant Subsidies Agreement provisions and (2) procedures for them. (b) Prohibited subsidies. (1) If the administering authority determines under title VII of the Tariff Act of 1930 that merchandise benefits from an Article 3 prohibited subsidy, it must notify the Trade Representative and provide the supporting information. (2) An interested party may ask for a determination whether there is reason to believe merchandise from a WTO member has such a subsidy. The request must contain required support. If, after review of the request and reasonably available information, the authority finds reason to believe so, it must notify the Trade Representative with support. (c) Actionable subsidies. (1) If the authority determines under that title that merchandise benefits from an Article 6.1 subsidy, it must notify the Trade Representative and provide its supporting information. (2) An interested party may request a determination whether an actionable subsidy causes adverse effects, supplying required support. The Commission must help analyze adverse-effects information if asked. If the authority finds reason to believe adverse effects exist, it must notify the Trade Representative with support. (d) Investigation. Based on subsection (b) or (c) information, other available information, and, when applicable, consultation with the requesting party, the Trade Representative must decide as quickly as possible, unless that party objects, under section 302(b)(1) of the Trade Act of 1974, whether to begin a title III investigation. At the Representative's request, the authority and Commission must help. (e) Nonactionable subsidies. (1)(A) To monitor Article 8.2 conditions, the Representative must timely give the authority information and reports under Article 8.3 or 8.4 about a notified program. The authority must review them and, when appropriate, recommend seeking more information. If it has reason to believe Article 8 was violated, it must notify the Representative with support. (B) An interested party may request that review. The authority may recommend seeking more information and, if it finds reason to believe a violation, must notify the Representative with support. (C) (i) If, after considering the authority's notice, other information, consultation with the interested party, and appropriate domestic industries, the Representative finds reason to believe an Article 8 violation exists, the Representative must invoke Article 8.4 or 8.5 procedures. (ii) Such reason exists whenever the Representative finds the program or subsidy fails the conditions and criteria for a nonactionable program under this Act, the Agreement, and the approved administrative-action statement. (D) The Representative must notify the authority when an Article 8 violation is found under Article 8.4 or 8.5. (2)(A) An interested party may request a determination about serious adverse effects from an Article 8.2 program. (B) Within 90 days, the authority must decide after reviewing the request and available information; if affirmative, it must notify the Representative with support. It must consider prior countervailing-duty investigation or review determinations and act as quickly as possible; the Commission helps if requested. (C) The Representative must decide as quickly as possible, no later than 30 days after notice, whether there is reason to believe serious adverse effects exist, and must decide affirmatively unless the notice lacks factual support. (D) If so, unless the interested party objects, the Representative must invoke Article 9 and request Article 9.2 consultations. If no mutually acceptable solution is reached within 60 days, the Representative must refer the matter to the Subsidies Committee under Article 9.3. (E) If the Representative finds the Committee was prevented by a WTO member's refusal to join an affirmative consensus about serious adverse effects or a recommendation to modify the program, or the Committee has not concluded within 120 days as Article 9.4 requires, the Representative must within 30 days decide under section 304(a)(1) of the 1974 Act what action to take under section 301(a)(1)(A). (F) If a WTO member does not follow an Article 9.4 recommendation within six months, the Representative must decide under section 304(a)(1) what section 301(a) action to take. (f) Notice, consultation, publication. (1) The Representative must promptly give specified congressional committees and other appropriate committees information or reports under Article 8.3 or 8.4 about notified programs. (2) The authority must regularly publish a Federal Register summary notice of them. (3) The Representative and authority must promptly consult those committees and interested private-sector representatives. (4) By February 1 each year beginning in 1996, they must jointly report to Congress on major trading partners' prohibited, serious-prejudice, and nonactionable subsidy practices and their prior-year monitoring and enforcement. (g) Other agencies. Federal agencies and departments must fully cooperate and, when the authority asks, provide relevant records, papers, and information. (h) Definitions. “Adverse effects” has the meaning in Articles 5(a) and 5(c). “Administering authority” has the meaning in Tariff Act section 771(1). “Commission” means the United States International Trade Commission. “Interested party” means a party described in section 771(9)(C)–(G). “Nonactionable subsidy” means an Article 8.1(b) subsidy. “Notified subsidy program” means a program notified under Article 8.3. “Serious adverse effects” has the meaning in Article 9.1. “Subsidies Agreement” means the Agreement on Subsidies and Countervailing Measures described in section 771(8). “Subsidies Committee” means the committee established under Article 24. “Subsidy” has the meaning in Article 1. “Trade Representative” means the United States Trade Representative. “Violation of Article 8” means failure of a notified program or individual subsidy under it to meet Article 8.2 conditions and criteria. (i) Proprietary information. Despite another law, the authority may give the Representative proprietary information it submitted or obtained that the Representative considers relevant. The Representative must protect it from public disclosure.
The administering authority shall provide information to the public upon request, and, to the extent feasible, assistance and advice to interested parties concerning—
remedies and benefits available under relevant provisions of the Subsidies Agreement, and
the procedures relating to such remedies and benefits.
If the administering authority determines pursuant to title VII of the Tariff Act of 1930 [19 U.S.C. 1671 et seq.] that a class or kind of merchandise is benefiting from a subsidy which is prohibited under Article 3 of the Subsidies Agreement, the administering authority shall notify the Trade Representative and shall provide the Trade Representative with the information upon which the administering authority based its determination.
An interested party may request that the administering authority determine if there is reason to believe that merchandise produced in a WTO member country is benefiting from a subsidy which is prohibited under Article 3 of the Subsidies Agreement. The request shall contain such information as the administering authority may require to support the allegations contained in the request. If the administering authority, after analyzing the request and other information reasonably available to the administering authority, determines that there is reason to believe that such merchandise is benefiting from a subsidy which is prohibited under Article 3 of the Subsidies Agreement, the administering authority shall so notify the Trade Representative, and shall include supporting information with the notification.
If the administering authority determines pursuant to title VII of the Tariff Act of 1930 [19 U.S.C. 1671 et seq.] that a class or kind of merchandise is benefiting from a subsidy described in Article 6.1 of the Subsidies Agreement, the administering authority shall notify the Trade Representative, and shall provide the Trade Representative with the information upon which the administering authority based its determination.
An interested party may request the administering authority to determine if there is reason to believe that a subsidy which is actionable under the Subsidies Agreement is causing adverse effects. The request shall contain such information as the administering authority may require to support the allegations contained in the request. At the request of the administering authority, the Commission shall assist the administering authority in analyzing the information pertaining to the existence of such adverse effects. If the administering authority, after analyzing the request and other information reasonably available to the administering authority, determines that there is reason to believe that a subsidy which is actionable under the Subsidies Agreement is causing adverse effects, the administering authority shall so notify the Trade Representative, and shall include supporting information with the notification.
On the basis of the notification and information provided by the administering authority pursuant to subsection (b) or (c), such other information as the Trade Representative may have or obtain, and where applicable, after consultation with an interested party referred to in subsection (b)(2) or (c)(2), the Trade Representative shall, unless such interested party objects, determine as expeditiously as possible, in accordance with the procedures in section 302(b)(1) of the Trade Act of 1974 (19 U.S.C. 2412(b)(1)), whether to initiate an investigation pursuant to title III of that Act (19 U.S.C. 2411 et seq.). At the request of the Trade Representative, the administering authority and the Commission shall assist the Trade Representative in an investigation initiated pursuant to this subsection.
In order to monitor whether a subsidy meets the conditions and criteria described in Article 8.2 of the Subsidies Agreement and is nonactionable, the Trade Representative shall provide the administering authority on a timely basis with any information submitted or report made pursuant to Article 8.3 or 8.4 of the Subsidies Agreement regarding a notified subsidy program. The administering authority shall review such information and reports, and where appropriate, shall recommend to the Trade Representative that the Trade Representative seek pursuant to Article 8.3 or 8.4 of the Subsidies Agreement additional information regarding the notified subsidy program or a subsidy granted pursuant to the notified subsidy program. If the administering authority has reason to believe that a violation of Article 8 of the Subsidies Agreement exists, the administering authority shall so notify the Trade Representative, and shall include supporting information with the notification.
An interested party may request the administering authority to determine if there is reason to believe that a violation of Article 8 of the Subsidies Agreement exists. The request shall contain such information as the administering authority may require to support the allegations contained in the request. If the administering authority, after analyzing the request and other information reasonably available to the administering authority, determines that additional information is needed, the administering authority shall recommend to the Trade Representative that the Trade Representative seek, pursuant to Article 8.3 or 8.4 of the Subsidies Agreement, additional information regarding the particular notified subsidy program or a subsidy granted pursuant to the notified subsidy program. If the administering authority determines that there is reason to believe that a violation of Article 8 of the Subsidies Agreement exists, the administering authority shall so notify the Trade Representative, and shall include supporting information with the notification.
If the Trade Representative, on the basis of the notification and information provided by the administering authority pursuant to subparagraph (A) or (B), and such other information as the Trade Representative may have or obtain, and after consulting with the interested party referred to in subparagraph (B) and appropriate domestic industries, determines that there is reason to believe that a violation of Article 8 of the Subsidies Agreement exists, the Trade Representative shall invoke the procedures of Article 8.4 or 8.5 of the Subsidies Agreement.
For purposes of clause (i), the Trade Representative shall determine that there is reason to believe that a violation of Article 8 exists in any case in which the Trade Representative determines that a notified subsidy program or a subsidy granted pursuant to a notified subsidy program does not satisfy the conditions and criteria required for a nonactionable subsidy program under this Act, the Subsidies Agreement, and the statement of administrative action approved under section 3511(a) of this title.
The Trade Representative shall notify the administering authority whenever a violation of Article 8 of the Subsidies Agreement has been found to exist pursuant to Article 8.4 or 8.5 of that Agreement.
An interested party may request the administering authority to determine if there is reason to believe that serious adverse effects resulting from a program referred to in Article 8.2 of the Subsidies Agreement exist. The request shall contain such information as the administering authority may require to support the allegations contained in the request.
Within 90 days after receipt of the request described in subparagraph (A), the administering authority, after analyzing the request and other information reasonably available to the administering authority, shall determine if there is reason to believe that serious adverse effects resulting from a program referred to in Article 8.2 of the Subsidies Agreement exist. If the determination of the administering authority is affirmative, it shall so notify the Trade Representative and shall include supporting information with the notification. The Commission shall assist the administering authority in analyzing the information pertaining to the existence of such serious adverse effects if the administering authority requests the Commission’s assistance. If the subsidy program that is alleged to result in serious adverse effects has been the subject of a countervailing duty investigation or review under subtitle A or C of title VII of the Tariff Act of 1930 [19 U.S.C. 1671 et seq., 1675 et seq.], the administering authority shall take into account the determinations made by the administering authority and the Commission in such investigation or review and the administering authority shall complete its analysis as expeditiously as possible.
The Trade Representative, on the basis of the notification and information provided by the administering authority pursuant to subparagraph (B), and such other information as the Trade Representative may have or obtain, shall determine as expeditiously as possible, but not later than 30 days after receipt of the notification provided by the administering authority, if there is reason to believe that serious adverse effects exist resulting from the subsidy program which is the subject of the administering authority’s notification. The Trade Representative shall make an affirmative determination regarding the existence of such serious adverse effects unless the Trade Representative finds that the notification of the administering authority is not supported by the facts.
If the Trade Representative determines that there is reason to believe that serious adverse effects resulting from the subsidy program exist, the Trade Representative, unless the interested party referred to in subparagraph (A) objects, shall invoke the procedures of Article 9 of the Subsidies Agreement, and shall request consultations pursuant to Article 9.2 of the Subsidies Agreement with respect to such serious adverse effects. If such consultations have not resulted in a mutually acceptable solution within 60 days after the request is made for such consultations, the Trade Representative shall refer the matter to the Subsidies Committee pursuant to Article 9.3 of the Subsidies Agreement.
If the Trade Representative determines that—
the Subsidies Committee has been prevented from making an affirmative determination regarding the existence of serious adverse effects under Article 9 of the Subsidies Agreement by reason of the refusal of the WTO member country with respect to which the consultations have been invoked to join in an affirmative consensus—
that such serious adverse effects exist, or
regarding a recommendation to such WTO member country to modify the subsidy program in such a way as to remove the serious adverse effects, or
the Subsidies Committee has not presented its conclusions regarding the existence of such serious adverse effects within 120 days after the date the matter was referred to it, as required by Article 9.4 of the Subsidies Agreement,
the Trade Representative shall, within 30 days after such determination, make a determination under section 304(a)(1) of the Trade Act of 1974 (19 U.S.C. 2414(a)(1)) regarding what action to take under section 301(a)(1)(A) of that Act [19 U.S.C. 2411(a)(1)(A)].
In the event that the Subsidies Committee makes a recommendation under Article 9.4 of the Subsidies Agreement and the WTO member country with respect to which such recommendation is made does not comply with such recommendation within 6 months after the date of the recommendation, the Trade Representative shall make a determination under section 304(a)(1) of the Trade Act of 1974 (19 U.S.C. 2414(a)(1)) regarding what action to take under section 301(a) of that Act [19 U.S.C. 2411(a)].
The Trade Representative shall submit promptly to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and other appropriate committees of the Congress any information submitted or report made pursuant to Article 8.3 or 8.4 of the Subsidies Agreement regarding a notified subsidy program.
The administering authority shall publish regularly in the Federal Register a summary notice of any information submitted or report made pursuant to Article 8.3 or 8.4 of the Subsidies Agreement regarding notified subsidy programs.
The Trade Representative and the administering authority promptly shall consult with the committees referred to in paragraph (1), and with interested representatives of the private sector, regarding all information submitted or reports made pursuant to Article 8.3 or 8.4 of the Subsidies Agreement regarding a notified subsidy program.
Not later than February 1 of each year beginning in 1996, the Trade Representative and the administering authority shall issue a joint report to the Congress detailing—
the subsidies practices of major trading partners of the United States, including subsidies that are prohibited, are causing serious prejudice, or are nonactionable, under the Subsidies Agreement, and
the monitoring and enforcement activities of the Trade Representative and the administering authority during the preceding calendar year which relate to subsidies practices.
All agencies, departments, and independent agencies of the Federal Government shall cooperate fully with one another in carrying out the provisions of this section, and, upon the request of the administering authority, shall furnish to the administering authority all records, papers, and information in their possession which relate to the requirements of this section.
For purposes of this section:
The term “adverse effects” has the meaning given that term in Articles 5(a) and 5(c) of the Subsidies Agreement.
The term “administering authority” has the meaning given that term in section 771(1) of the Tariff Act of 1930 (19 U.S.C. 1677(1)).
The term “Commission” means the United States International Trade Commission.
The term “interested party” means a party described in subparagraph (C), (D), (E), (F), or (G) of section 771(9) of the Tariff Act of 1930 (19 U.S.C. 1677(9)(C), (D), (E), (F), or (G)).
The term “nonactionable subsidy” means a subsidy described in Article 8.1(b) of the Subsidies Agreement.
The term “notified subsidy program” means a subsidy program which has been notified pursuant to Article 8.3 of the Subsidies Agreement.
The term “serious adverse effects” has the meaning given that term in Article 9.1 of the Subsidies Agreement.
The term “Subsidies Agreement” means the Agreement on Subsidies and Countervailing Measures described in section 771(8) of the Tariff Act of 1930 (19 U.S.C. 1677(8)).
The term “Subsidies Committee” means the committee established pursuant to Article 24 of the Subsidies Agreement.
The term “subsidy” has the meaning given that term in Article 1 of the Subsidies Agreement.
The term “Trade Representative” means the United States Trade Representative.
The term “violation of Article 8” means the failure of a notified subsidy program or an individual subsidy granted pursuant to a notified subsidy program to meet the applicable conditions and criteria described in Article 8.2 of the Subsidies Agreement.
Notwithstanding any other provision of law, the administering authority may provide the Trade Representative with a copy of proprietary information submitted to, or obtained by, the administering authority that the Trade Representative considers relevant in carrying out its responsibilities under this subchapter. The Trade Representative shall protect from public disclosure proprietary information obtained from the administering authority under this subchapter.
Source credit: (Pub. L. 103–465, title II, § 281, Dec. 8, 1994, 108 Stat. 4922; Pub. L. 104–295, § 20(b)(13), Oct. 11, 1996, 110 Stat. 3527.)
- 1994Enacted · Pub. L. 103-465 · 108 Stat. 4922
- 1996Amended · Pub. L. 104-295 · 110 Stat. 3527
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-465 on 1994-12-08.
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