Page:United States Statutes at Large Volume 108 Part 6.djvu/335

 PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4903 "(ii) in the case of a loan, if there is a difference between the amount the recipient of the loan pays on the loan and the amount the recipient would pay on a comparable conunercial loan that the recipient could actually obtain on the market, "(iii) in the case of a loan guarantee, if there is a difference, after adjusting for any difference in guarantee fees, between the amount the recipient of the guarantee pays on the guaranteed losm and the amount the recipient would pay for a comparable i commercial loan if there were no guarantee by the authority, and "(iv) in the case where goods or services are provided, if such goods or services are provided for less than adequate remuneration, and in the case where goods are purchased, if such goods are purchased for more than adequate remuneration. For purposes of clause (iv), the adequacy of remuneration shall be determined in relation to prevailing market conditions for the good or service being provided or the goods being purchased in the country which is subject to the investigation or review. Prevailing market conditions include price, quahty, availabOity, marketability, transportation, and other conditions of purchase or sale. "(F) CHANGE IN OWNERSHIP.—A change in ownership of all or part of a foreign enterprise or the productive assets of a foreign enterprise does not by itself require a determination by the administering authority that a past countervailable subsidy received by me enterprise no longer continues to be cotmtervailable, even if me change in ownership is accomplished through an arm's length transaction. "(5A) SPECIFICITY. — "(A) IN GENERAL.— ^A subsidy is specific if it is an export subsidy described in subparagraph (B) or an import substitution subsidy described in subparagraph (C), or if it is determined to be specific pursuant to subparagraph (D). "(B) EXPORT SUBSIDY.^AU export subsidy is a subsidy that is, in law or in fact, contingent upon export performance, alone or as 1 of 2 or more conditions. use of domestic goods over imported goods, alone or as 1 of 2 or more conditions. "(D) DOMESTIC SUBSIDY. — In determining whether a subsidy (other than a subsidy described in subparagraph (B) or (C)) is a specific subsidy, in law or in fact, to an enterprise or industry within the jurisdiction of the authority providing the subsidy, the following guidelines shall apply: " (i) Where the authority providing the subsidy, or the legislation pursuant to which the authority operates, expressly limits access to the subsidy to an enterprise or industry, the subsidy is specific as a matter of law.
 * (C) IMPORT SUBSTITUTION SUBSIDY.— An import substitution subsidy is a subsidy that is contingent upon the

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