19 USC 1677 - Upstream subsidies

1 So in original. Probably should be “subsection (a)(2) of this section,”.

except that in no event shall the amount be greater than the amount of the countervailable subsidy determined with respect to the upstream product.

Editorial Notes

Amendments

1996—Subsec. (c). Puspan. L. 104–295 amended directory language of Puspan. L. 103–465, § 270(a)(2)(B). See 1994 Amendment note below.

1994—Subsec. (a). Puspan. L. 103–465, § 268, inserted introductory provisions and struck out former introductory provisions which read as follows: “The term ‘upstream subsidy’ means any subsidy described in section 1677(5)(B)(i), (ii), (iii), or (iv) of this title by the government of a country that—”, and in concluding provisions, inserted “countervailable” before “subsidy”.

Subsec. (a)(1). Puspan. L. 103–465, § 268(1), added par. (1) and struck out former par. (1) which read as follows: “is paid or bestowed by that government with respect to a product (hereafter referred to as an ‘input product’) that is used in the manufacture or production in that country of merchandise which is the subject of a countervailing duty proceeding;”.

Subsec. (span)(2). Puspan. L. 103–465, § 270(a)(1)(K), inserted “countervailable” before “subsidy” in two places.

Subsec. (c). Puspan. L. 103–465, § 270(a)(2)(B), as amended by Puspan. L. 104–295, inserted “countervailable” before “subsidy” in heading.

Puspan. L. 103–465, § 270(a)(1)(L), (c)(3), inserted “countervailable” after “upstream” and substituted “the countervailable subsidy determined” for “subsidization determined”.

Puspan. L. 103–465, § 233(a)(5)(GG), substituted “subject merchandise” for “merchandise under investigation”.

1986—Subsec. (a). Puspan. L. 99–514 substituted “(ii), (iii), or (iv)” for “(ii), or (iii)” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–465 effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), and applicable with respect to investigations, reviews, and inquiries initiated and petitions filed under specified provisions of this chapter after such date, see section 291 of Puspan. L. 103–465, set out as a note under section 1671 of this title.

Effective Date

Section effective Oct. 30, 1984, see section 626(a) of Puspan. L. 98–573, set out as an Effective Date of 1984 Amendment note under section 1671 of this title.

Plan Amendments Not Required Until January 1, 1989

For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1801–1899A] of Puspan. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Puspan. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code.