§ 1671. Countervailing duties imposed
(a)
General rule
If—
(1)
the administering authority determines that the government of a country or any public entity within the territory of a country is providing, directly or indirectly, a countervailable subsidy with respect to the manufacture, production, or export of a class or kind of merchandise imported, or sold (or likely to be sold) for importation, into the United States, and
(2)
in the case of merchandise imported from a Subsidies Agreement country, the Commission determines that—
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 countervailable subsidy. For purposes of this subsection and section
1671d
(b)(1) of this title, a reference to the sale of merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise.
(b)
Subsidies Agreement country
For purposes of this subtitle, the term “Subsidies Agreement country” means—
(2)
a country which the President has determined has assumed obligations with respect to the United States which are substantially equivalent to the obligations under the Subsidies Agreement, or
(3)
a country with respect to which the President determines that—
(c)
Countervailing duty investigations involving imports not entitled to a material injury determination
In the case of any article or merchandise imported from a country which is not a Subsidies Agreement country—
(1)
no determination by the Commission under section
1671b
(a),
1671c, or
1671d
(b) of this title shall be required,
(3)
no determination as to the presence of critical circumstances shall be made under section
1671b
(e) or
1671d
(a)(2) of this title,
(d)
Treatment of international consortia
For purposes of this part, if the members (or other participating entities) of an international consortium that is engaged in the production of subject merchandise receive countervailable subsidies from their respective home countries to assist, permit, or otherwise enable their participation in that consortium through production or manufacturing operations in their respective home countries, then the administering authority shall cumulate all such countervailable subsidies, as well as countervailable subsidies provided directly to the international consortium, in determining any countervailing duty upon such merchandise.
(e)
Upstream subsidies
Whenever the administering authority has reasonable grounds to believe or suspect that an upstream subsidy, as defined in section
1677–1
(a)(1) [1] of this title, is being paid or bestowed, the administering authority shall investigate whether an upstream subsidy has in fact been paid or bestowed, and if so, shall include the amount of the upstream subsidy as provided in section
1677–1
(a)(3) [2] of this title.
[1] So in original. Probably should be section “1677–1(a)”.
[2] So in original. Probably should be section “1677–1(c)”.