Page:United States Statutes at Large Volume 108 Part 6.djvu/336

 108 STAT. 4904 PUBLIC LAW 103-465—DEC. 8, 1994 "(ii) Where the authority providing the subsidy, or the legislation pursuant to which the authority operates, establishes objective criteria or conditions governing the eligibliity for, and the amount of, a subsidy, the subsidy is not specific as a matter of law, if— "(I) eligibihty is automatic, "(II) the criteria or conditions for eligibihty are strictly followed, and "(III) the criteria or conditions are clearly set forth in the relevant statute, regulation, or other official document so as to be capable of verification. For purposes of this clause, the term 'objective criteria or conditions* means criteria or conditions that are neutral and that do not favor one enterprise or industry over another. "(iii) Where there are reasons to believe that a subsidy may be specific as a matter of fact, the subsidy is specific if one or more of the following factors exist: "(I) The actual recipients of the subsidy, whether considered on an enterprise or industry basis, are limited in number. "(II) An enterprise or industry is a predominant user of the subsidy. "(Ill) An enterprise or industry receives a disproportionately large amount of the subsidy. "(IV) The manner in which the authority providing the subsidy has exercised discretion in the decision to grant the subsidy indicates that an enterprise or industry is favored over others. In evaluating the factors set forth in subclauses (I), (II), (III), and (IV), the administering authority shall take into account the extent of diversification of economic activities within the jurisdiction of the authority providing the subsidy, and the length of time during which the subsidy program has been in operation. "(iv) Where a subsidy is limited to an enterprise or industry located within a designated geographical region within the jurisdiction of the authority providing the subsidy, the subsidy is specific. For purposes of this para^apn and paragraph (5B), any ref- erence to an enterprise or industry is a reference to a foreign enterprise or foreign industry and includes a group of such enterprises or industries. "(5B) CATEGORIES OF NONCOUNTERVAILABLE SUBSIDIES.— "(A) IN GENERAL. — Notwithstanding the provisions of paragraphs (5) and (5A), in the case of merchandise imported fix)m a Subsidies Agreement country, a subsidy shall be treated as noncountervailable if the administering authority determines in an investigation under subtitle A or a review under subtitle C that the subsidy meets all of the criteria described in subparagraph (B), (C), or (D), as the case may be, or the provisions oi subparagraph (E)(i) apply. "(B) RESEARCH SUBSIDY. — "(i) IN GENERAL.— Except for a subsidy provided on the msmufacture, production, or export of civil aircraft, a subsidy for research activities conducted by

�