Page:United States Statutes at Large Volume 108 Part 6.djvu/356

 108 STAT. 4924 PUBLIC LAW 103-465—DEC. 8, 1994 fied subsidy program or a subsidy granted pursuant to the notified subsidy program. If the administering authority determines that there is reason to beUeve that a violation of Article 8 of the Subsidies Agreement exists, the administering authority shall so notify the Trade Representative, and shall include supporting information with the notification. (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 beUeve 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 beUeve 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 101(a). (D) NOTIFICATION OF ADMINISTERING AUTHORITY. —The Trade Representative shall notify the administering authority whenever a violation of Article 8 of the Subsidies Agreement has been found to exist pursuant to Article 8.4 or 8.5 of that Agreement. (2) SERIOUS ADVERSE EFFECTS.— (A) REQUEST BY INTERESTED PARTY. — An interested party may request the administering authority to determine if there is reason to beUeve that serious adverse effects resulting from a program referred to in Article 8.2 of the Subsidies Agreement exist. The request shall contain such information as the administering authority may require to support the aUegations contained in the rec^uest. (B) ACTION BY ADMINISTERING AUTHORITY.— Withm 90 days after receipt of the request described in subparagraph (A), the administering authority, after analyzing me request and other information reasonably available to the administering authority, shall determine if there is reason to beUeve that serious adverse effects resulting from a program referred to in Article 8.2 of the Subsidies Agreement exist. If the determination of the administering authority is affirmative, it shall so notify the Trade Representative and shall include supporting information with the notification. The Commission shall assist the administering authority in analyzing the information pertaining to the existence of such serious adverse effects if the administering authority requests the Commission's assistance. If the subsidy program that is aUeged to result in serious

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