Page:United States Statutes at Large Volume 93.djvu/183

 PUBLIC LAW 96-39—JULY 26, 1979

93 STAT. 151

"Subtitle A—Imposition of Countervailing Duties "SEC. 701. COUNTERVAILING DUTIES IMPOSED.

19 USC 1671.

"(a) GENERAL RULE.—If—

"(1) the administering authority determines that— "(A) a country under the Agreement, or "(B) a person who is a citizen or national of such a country, or a corporation, association, or other organization organized in such a country, is providing, directly or indirectly, a subsidy with respect to the manufacture, production, or exportation of a class or kind of merchandise imported into the United States, and "(2) the Commission determines that— "(A) an industry in the United States— "(i) is materially injured, or "(ii) is threatened with material injury, or "(B) the establishment of an industry in the United States is materially retarded, by reason of imports of that merchandise, then there shall be imposed upon such merchandise a countervailing duty, in addition to any other duty imposed, equal to the amount of the net subsidy. "(b) COUNTRY UNDER THE AGREEMENT.—For purposes of this subtitle, the term 'country under the Agreement means a country— "(1) between the United States and which the Agreement on Subsidies and Countervailing Measures applies, as determined under section 2(b) of the Trade Agreements Act of 1979, "(2) which has assumed obligations with respect to the United States which are substantially equivalent to obligations under the Agreement, as determined by the President, or "(3) with respect to which the President determines that— "(A) there is an agreement in effect between the United States and that country which— "(i) was in force on June 19, 1979, and "(ii) requires unconditional most-favored-nation treatment with respect to articles imported into the United States, "(B) the General Agreement on Tariffs and Trade does not apply between the United States and that country, and "(C) the agreement described in subparagraph (A) does not expressly permit— "(i) actions required or permitted by the General Agreement on Tariffs and Trade, or required by the Congress, or "(ii) nondiscriminatory prohibitions or restrictions on importation which are designed to prevent deceptive or unfair practices. "(c) CROSS REFERENCE.— "For provisions of law applicable in the case of merchandise which is the product of a country other than a country under the Agreement, see section 303 of this Act "SEC. 702. PROCEDURES FOR INITIATING A COUNTERVAILING DUTY INVESTIGATION.

"(a) INITIATION BY ADMINISTERING AUTHORITY.—A countervailing duty investigation shall be commenced whenever the administering authority determines, from information available to it, that a form^

19 USC 1671a.

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