19 USC 3571 - Subsidies enforcement

U.S Code last checked for updates: May 05, 2024

§ 3571.

Subsidies enforcement

(a)

Assistance regarding multilateral subsidy remedies

The administering authority shall provide information to the public upon request, and, to the extent feasible, assistance and advice to interested parties concerning—

(1)

remedies and benefits available under relevant provisions of the Subsidies Agreement, and

(2)

the procedures relating to such remedies and benefits.

(b)

Prohibited subsidies

(1)

Notification of Trade Representative

(2)

Request by interested party regarding prohibited subsidy

(c)

Subsidies actionable under Agreement

(1)

In general

(2)

Request by interested party regarding adverse effects

(d)

Initiation of section 2411 investigation

(e)

Nonactionable subsidies

(1)

Compliance with Article 8 of the Subsidies Agreement

(A)

Monitoring

(B)

Request by interested party regarding violation of Article 8

(C)

Action by Trade Representative

(i)

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.

(ii)

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.

(D)

Notification of administering authority

(2)

Serious adverse effects

(A)

Request by interested party

(B)

Action by administering authority

(C)

Action by Trade Representative

(D)

Consultations

(E)

Determination by Subsidies Committee

If the Trade Representative determines that—

(i)

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—

(I)

that such serious adverse effects exist, or

(II)

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

(ii)

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)].

(F)

Noncompliance with Committee recommendation

(f)

Notification, consultation, and publication

(1)

Notification of Congress

(2)

Publication in the Federal Register

(3)

Consultations with Congress and private sector

(4)

Annual report

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—

(A)

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

(B)

the monitoring and enforcement activities of the Trade Representative and the administering authority during the preceding calendar year which relate to subsidies practices.

(g)

Cooperation of other agencies

(h)

Definitions

For purposes of this section:

(1)

Adverse effects

(2)

Administering authority

(3)

Commission

(4)

Interested party

(5)

Nonactionable subsidy

(6)

Notified subsidy program

(7)

Serious adverse effects

(8)

Subsidies Agreement

(9)

Subsidies Committee

(10)

Subsidy

(11)

Trade Representative

(12)

Violation of Article 8

(i)

Treatment of proprietary information

(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.)

cite as: 19 USC 3571