Page:United States Statutes at Large Volume 108 Part 6.djvu/344

 108 STAT. 4912 PUBLIC LAW 103-465—DEC. 8, 1994 "(ii) a developing country with respect to which the Trade Representative has notified the administering authority that the country has eliminated its export subsidies on an expedited basis within the meaning of Article 27.11 of the Subsidies Agreement, subparagraph (B) shall be appHed by substituting '3 percent* for 2 percent". " (D) LIMITATIONS ON APPLICATION OF SUBPARAGRAPH (C).— "(i) IN GENERAL. —In the case of a country described in subparagraph (C)(i), the provisions of subparagraph (C) shall not appty after the date that is 8 years Edler the date the WTO Agreement enters into force. "(ii) SPECIAL RULE FOR SUBPARAGRAPH (Cxii) COUN- TRIES. —In the case of a country described in subparagraph (C)(ii), the provisions of subparagraph (C) shall not apply after the earlier of— "(I) the date that is 8 years after the date the WTO Agreement enters into force, or "(II) the date on which the Trade Representative notifies the administering authority that such country is providing an export subsidy.", (b) FINAL DETERMINATIONS.—Section 705(a) (19 U.S.C. 1671d(a)) is amended by adding at the end the following new paragraph: "(3) DE MINIMIS COUNTERVAILABLE SUBSIDY.— In making a determination under this subsection, the administering authority shall disregard any countervailable subsidy that is de minimis as defined in section 703(b)(4).". SEC. 264. DETERMINATION OF COUNTERVAILABLE SUBSIDY RATE. (a) PRELIMINARY DETERMINATION.—Section 703(d) (19 U.S.C. 19 USC 1671b. 1673b(d)) is amended— (1) by striking paragraph (2); (2) by redesignating paragraph (1), as amended by section 215(a)(1), as paragraph (2); (3) by inserting "and" at the end of paragraph (2), as so redesignated; and (4) by inserting before such paragraph (2) the following new paragraph: ' X1)(A) shall— "(i) determine an estimated individual countervailable subsidy rate for each exporter and producer individually investigated, and, in accordance with section 705(c)(5), an estimated all-others rate for all ejcporters and producers not individually investigated and for new exporters and producers within the meaning of section 751(a)(2)(B), or "(ii) if section 777A(e)(2)(B) applies, determine a single estimated country-wide subsidy rate, apphcable to all e3«)orters and producers, and "(B) shall oraer the posting of a cash deposit, bond, or other security, as the administering authority deems appro- Eriate, for each entry of the subject merchandise in an amount ased on the estimated individual countervsulable subsidy rate, the estimated all-others rate, or the estimated country-wide subsidy rate, whichever is apphcable,".

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