19 USC 1677-1 - Upstream subsidies

U.S Code last checked for updates: Aug 17, 2025

§ 1677–1.

Upstream subsidies

(a)

“Upstream subsidy” defined

The term “upstream subsidy” means any countervailable subsidy, other than an export subsidy, that—

(1)

is paid or bestowed by an authority (as defined in section 1677(5) of this title) with respect to a product (hereafter in this section referred to as an “input product”) that is used in the same country as the authority in the manufacture or production of merchandise which is the subject of a countervailing duty proceeding;

(2)

in the judgment of the administering authority bestows a competitive benefit on the merchandise; and

(3)

has a significant effect on the cost of manufacturing or producing the merchandise.

In applying this subsection, an association of two or more foreign countries, political subdivisions, dependent territories, or possessions of foreign countries organized into a customs union outside the United States shall be treated as being one country if the countervailable subsidy is provided by the customs union.

(b)

Determination of competitive benefit

(1)

In general

(2)

Adjustments

(c)

Inclusion of amount of countervailable subsidy

(

cite as: 19 USC 1677-1