Sec. 102101. Addressing cross-border subsidies in countervailing duty investigations
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/bill/117/hr/4521/pcs/section-102101A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 701(d) of the Tariff Act of 1930 ( 19 U.S.C. 1671(d) ) is amended— in the subsection heading, by striking and inserting international consortia ; special rules by striking For purposes and inserting the following: For purposes ; in paragraph (1), as so designated, by inserting after in their respective home countries, the following: or multinational corporations that are engaged in the production of subject merchandise receive countervailable subsidies to assist, permit, or otherwise enable their production or manufacturing operations in the country in which the class or kind of merchandise is produced, exported, or sold (or likely to be sold) for importation into the United States, ; and by adding at the end the following:
For purposes of this subtitle, if there is a countervailable subsidy conferred by a government of a country or any public entity within the territory of a country that is not the country in which the class or kind of merchandise is produced, exported, or sold (or likely to be sold) for importation into the United States and the government of the country or any public entity within the territory of the country in which the class or kind of merchandise is produced, exported, or sold (or likely to be sold) for importation into the United States (hereafter in this subparagraph referred to as the subject merchandise country ) facilitates the provision of such subsidy, then the administering authority shall treat the subsidy as having been provided by the government of the subject merchandise country or a public entity within the territory of the subject merchandise country and shall cumulate all such countervailable subsidies, as well as countervailable subsidies provided directly or indirectly by the government or any public entity within the territory of the subject merchandise country.
This paragraph shall be applied in a manner consistent with the international obligations of the United States. . Subtitle D of title VII of the Tariff Act of 1930 is amended as follows: In section 771 ( 19 U.S.C. 1677 )— in paragraph (5A)— in subparagraph (A), by striking pursuant to subparagraph
(D)and inserting pursuant to subparagraph
(E); by redesignating subparagraph
(D)as subparagraph (E); and by inserting after subparagraph
(C)the following: In determining whether a transnational subsidy, including subsidies described in subparagraph
(B)or
(C)is a specific subsidy, in law or in fact, the administering authority shall examine the subsidy practice of the government or public entity that conferred the subsidy. ; in paragraph (9)— in subparagraph (F), by striking and at the end; in subparagraph (G), by striking the period at the end and inserting and ; and by adding at the end the following: in any investigation under subtitle A involving a transnational subsidy, the government of the country that confers the transnational subsidy. ; and by adding at the end the following: The term transnational subsidy , with respect to subject merchandise, means a subsidy conferred by a country that is not the country in which the class or kind of merchandise is produced, exported, or sold (or likely to be sold) for importation into the United States to the producer, exporter, or supplier of the producer or exporter, of the subject merchandise. The term multinational corporation means a person, firm, or corporation which owns or controls, directly or indirectly, facilities for the production of subject merchandise in two or more foreign countries. . In section 771A(a)(1), by striking in the same country as the authority .
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Sec. 102101
Addressing cross-border subsidies in countervailing duty investigations
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