Sec. 771A. UPSTREAM SUBSIDIES

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## SEC. 771A UPSTREAM SUBSIDIES **[**[19 U.S.C. 1677–1](/us/usc/t19/s1677–1)**]** ###

(a)Definition The term “**upstream subsidy**” means any countervailable subsidy, other than an export subsidy, that— ####

(1)is paid or bestowed by an authority (as defined in section 771(5)) with respect to a product (hereafter in this section referred to as an “input product”) that is used in the same country as the authority in the manufacture or production of merchandise which is the subject of a countervailing duty proceeding; ####

(2)in the judgment of the administering authority bestows a competitive benefit on the merchandise; and ####

(3)has a significant effect on the cost of manufacturing or producing the merchandise. In applying this subsection, an association of two or more foreign countries, political subdivisions, dependent territories, or possessions of foreign countries organized into a customs union outside the United States shall be treated as being one country if the countervailable subsidy is provided by the customs union. ###

(b)Determination of Competitive Benefit ####

(1)In general Except as provided in paragraph (2), the administering authority shall decide that a competitive benefit has been bestowed when the price for the input product referred to in subsection (a)(1) for such use is lower than the price that the manufacturer or producer of merchandise which is the subject of a countervailing duty proceeding would otherwise pay for the product in obtaining it from another seller in an arms-length transaction. ####

(2)Adjustments If the administering authority has determined in a previous proceeding that a countervailable subsidy is paid or bestowed on the input product that is used for comparison under paragraph (1), the administering authority may

(A)where appropriate, adjust the price that the manufacturer or producer of merchandise which is the subject of such proceeding would otherwise pay for the product to reflect the effects of the countervailable subsidy, or

(B)select in lieu of that price a price from another source. ###

(c)Inclusion of Amount of Subsidy49 If the administering authority decides, during the course of a countervailing duty proceeding that an upstream countervailable subsidy is being or has been paid or bestowed regarding the subject merchandise, the administering authority shall include in the amount of any countervailing duty imposed on the merchandise an amount equal to the amount of the competitive benefit referred to in subparagraph (1)(B), except that in no event shall the amount be greater than the amount of the countervailable subsidy determined with respect to the upstream product. 49Section 270(a)(2)(B) of P.L. 103–465 amended “section 771(A)(c)” in the heading by striking “Subsidy” and inserting “Countervailable Subsidy”. The instructions probably should have amended “section 771A(c)” by striking “Subsidy” and inserting “Countervailable Subsidy”.

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19 USC 1677–1

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Sec. 771A

UPSTREAM SUBSIDIES

Cite19 USC 1677–1

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