Page:United States Statutes at Large Volume 93.djvu/209

 PUBLIC LAW 96-39—JULY 26, 1979

93 STAT. 177

"(B) RELATED PARTIES.—When some producers are related to the exporters or importers, or are themselves importers of the allegedly subsidized or dumped merchandise, the term 'industry' may be applied in appropriate circumstances by excluding such producers from those included in that industry. "(C) REGIONAL INDUSTRIES.—In appropriate circumstances, the United States, for a particular product market, may be divided into 2 or more markets and the producers within each market may be treated as if they were a separate industry if— "(i) the producers within such market sell all or almost all of their production of the like product in question in that market, and "(ii) the demand in that market is not supplied, to any substantial degree, by producers of the product in question located elsewhere in the United States. In such appropriate circumstances, material injury, the threat of material injury, or material retardation of the establishment of an industry may be found to exist with respect to an industry even if the domestic industry as a whole, or those producers whose collective output of a like product constitutes a major proportion of the total domestic production of that product, is not injured, if there is a concentration of subsidized or dumped imports into such an isolated market and if the producers of all, or almost all, of the production within that market are being materially injured or threatened by material injury, or if the establishment of an industry is being materially retarded, by reason of the subsidized or dumped imports. "(D) PRODUCT LINES.—The effect of subsidized or dumped imports shall be assessed in relation to the United States production of a like product if available data permit the separate identification of production in terms of such criteria as the production process or the producer's profits. If the domestic production of the like product has no separate identity in terms of such criteria, then the effect of the subsidized or dumped imports shall be assessed by the examination of the production of the narrowest group or range of products, which includes a like product, for which the necessary information can be provided. "(5) SUBSIDY.—The term 'subsidy' has the same meaning as the term 'bounty or grant' as that term is used in section 303 of this Act, and includes, but is not limited to, the following: 19 USC 1303. "(A) Any export subsidy described in Annex A to the Agreement (relating to illustrative list of export subsidies). "(B) The following domestic subsidies, if provided or required by government action to a specific enterprise or industry, or group of enterprises or industries, whether publicly or privately owned, and whether paid or bestowed directly or indirectly on the manufacture, production, or export of any class or kind of merchandise: "(i) The provision of capital, loans, or loan guarantees on terms inconsistent with commercial considerations, "(ii) The provision of goods or services at preferential rates. "(iii) The grant of funds or forgiveness of debt to cover operating losses sustained by a specific industry.

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