Page:United States Statutes at Large Volume 108 Part 6.djvu/357

 PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4925 adverse effects has been the subject of a countervailing duty investigation or review under subtitle A or C of title VII of the Tariff Act of 1930, the administering authority shall take into account the determinations made by the administering authority and the Commission in such investigation or review and the administering authority shall complete its analysis as expeditiously as possible. (C) ACTION BY TRADE REPRESENTATIVE. — The Trade Representative, on the basis of the notification and information provided by the administering authority pursuant to subparagraph (B), and such other information as the Trade Representative may have or obtain, shall determine as expeditiously as possible, but not later than 30 days after receipt of the notification provided by the administering authority, if there is reason to beUeve that serious adverse effects exist resulting from the subsidy program which is the subject of the administering authority's notification. The Trade Reprcjsentative shall make an affirmative determination regarding the existence of such serious adverse effects unless the Trade Representative finds that the notification of the administering authority is not supported by the facts. (D) CoNSUi^TATlONS. —I f the Trade Representative determines that there is reason to believe that serious adverse effects resulting from the subsidy program exist, the Trade Representative, unless the interested party referred to in subparagraph (A) objects, shall invoke the procedures of Article 9 of the Subsidies Agreement, and shall request consultations pursuant to Article 9.2 of the Subsidies Agreement with respect to such serious adverse effects. If such consultations have not resulted in a mutually acceptable solution within 60 days after the request is made for such consultations, the Trade Representative shall refer the matter to the Subsidies Committee pursuant to Article 9.3 of the Subsidies Agreement. (E) DETERMINATION BY SUBSIDIES COMMITTEE. —I f the Trade Representative determines that— (i) the Subsidies Committee has been prevented fi:x)m making an affirmative determination regarding the existence of serious adverse effects under Article 9 of the Subsidies Agreement by reason of the reftisal of the WTO member country with respect to which the consultations have been invoked to join in an affirmative consensus- (I) that such serious adverse effects exist, or (II) regarding a recommendation to such WTO member country to modify the subsidy program in such a way as to remove the serious adverse effects, or (ii) the Subsidies Committee has not presented its conclusions regarding the existence of such serious adverse effects within 120 days after the date the matter was referred to it, as required by Article 9.4 of the Subsidies Agreement, the Trade Representative shall, within 30 days after such determination, make a determination under section 304(a)(1) of the Trade Act of 1974 (19 U.S.C. 2414(a)(1))

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