Page:United States Statutes at Large Volume 108 Part 6.djvu/362

 108 STAT. 4930 PUBLIC LAW 103-465—DEC. 8, 1994 ^P**^^- Not later than 4 years and 6 months after the date of the enactment of this Act, the Secretary of Commerce shall submit to the Congress a report on the review required under this subsection. SEC. 283. AMENDMENTS TO TITLE VII OF THE TARIFF ACT OF 1930. (a) PREUMINARY DETERMINATION BY ADMINISTERING AUTHOR- ITY.— Section 703(b) of the Tariflf Act of 1930 (19 U.S.C. 1671b(b)), as amended, is amended by adding at the end the following new paragraph: "(5) NOTIFICATION OF ARTICLE 8 VIOLATION. —I f the onlv subsidy under investigation is a subsidy with respect to whicn the aaministering authority received notice from the Trade Representative of a violation of Article 8 of the Subsidies Agreement, paragraph (1) shall be appHed by substituting '60 days' for '65 days"". (b) SUBSIDY PRACTICE DISCOVERED DURING A PROCEEDING.— Section 775 of the Tariff Act of 1930 (19 U.S.C. 1677d) is amended to read as follows: "SEC. 775. COUNTERVAILABLE SUBSIDY PRACTICES DISCOVERED DURING A PROCEEDING. "If, in the coiu^e of a proceeding under this title, the administering authority discovers a practice which appears to be a countervailable subsidy, but was not included in the matters alleged in a countervailing duty petition, or if the administering authority receives notice from the Trade Representative that a subsidy or subsidy program is in violation of Article 8 of the Subsidies Agreement, then me administering authority— "(1) shall include the practice, subsidy, or subsidy program in the proceeding if the practice, subsidy, or subsidy program appears to be a countervailable subsidy with respect to the merchandise which is the subject of the proceeding, or "(2) shall transfer the imbrmation (other than confidential information) concerning the practice, subsidy, or subsidy program to the library maintained under section 777(a)(1), if the practice, subsidy, or subsidy program appears to be a countervailable subsidy with respect to any other merchandise.". (c) ADMINISTRATIVE REVIEWS.—Section 751 of the Tariff Act of 1930 (19 U.S.C. 1675), as amended, is amended by redesignating subsection (^) as subsection (h) and by inserting after subsection (f) the following new subsection: " (g) REVIEWS TO IMPLEMENT RESULTS OF SUBSIDIES ENFORCE- MENT PROCEEDING.— " (1) VIOLATIONS OF ARTICLE 8 OF THE SUBSIDIES AGREE- MENT. —If — "(A) the administering authority receives notice from the Trade Representative of a violation of Article 8 of the Subsidies Agreement, "(B) the administering authority has reason to believe that merchandise subject to an existing countervaihng duty order or suspended investigation is benefiting firam the subsidy or subsidy program found to have been in violation of Article 8 of the Subsidies Agreement, and "(C) no review pursuant to subsection (a)(1) is in progress.

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