Page:United States Statutes at Large Volume 108 Part 6.djvu/343

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PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4911 "(ii) requires unconditional most-favored-nation treatinent witii respect to articles imported into the United States, and "(B) the agireement described in subparagraph (A) does not expressly permit— "(i) actions required or permitted by the GATT 1947 or GATT 1994, as defined in section 2(1) of the Uruguay Round Agreements Act, or required by the Congress, or (ii) nondiscriminatory prohibitions or restrictions on importation which are designed to prevent deceptive or under practices. "(c) COUNTERVAIUNG DUTY INVESTIGATIONS INVOLVING IMPORTS NOT ENTITLED TO A MATEIUAL INJURY DETERMINATION.— In the case of any article or merchandise imported fix»m a country which is not a Subsidies Agreement country— "(1) no determination by the Commission under section 703(a), 704, or 705(t)) shall be required, "(2) an investigation may not be suspended under section 704(c) or 704(1), "(3) no determination as to the presence of critical circumstances shall be made under section 703(e) or 705(a)(2), "(4) section 706(c) shall not apply, "(5) any reference to a determination described in paragraph (1) or (3), or to the suspension of an investigation under section 704(c) or 704(1), shall be disregarded, and "(6) section 751(c) shall not apply.". SEC. 263. DE MINIMIS COUNTERVAILABLE SUBSIDY. (a) PRELIMINARY DETERMINATIONS.—Section 703(b) (19 U.S.C. 1671b(b)) is amended by adding at the end the following new paragraph: "(4) DE MINIMIS COUNTERVAILABLE SUBSIDY. —

    • (A) GENERAL RULE.— In making a determination under

this subsection, the administering authority shall disregard any de minimis countervailable subsidy. For piirposes of the preceding sentence, a countervailable subsidy is de Tninimis if tDB administering authority determines that the aggregate of the net countervEolable subsidies is less than 1 percent ad valorem or the equivalent specific rate for the subject merchandise. "(B) EXCEPTION FOR DEVELOPING COUNTRIES. —In the case of subject merchandise imported fix)m a Subsidies Agreement country (other than a country to which subparagraph (C) applies) designated by the Trade Representative as a developing country in accordance with section 771(36), a counterveulable subsidy is de minimis if the administering authority determines that the aggregate of the net countervailable subsidies does not exceed 2 percent ad valorem or the equivalent specific rate for the subject merchandise. "(C) CERTAIN OTHER DEVELOPING COUNTRIES.—In the case of subject merchandise imported from a Subsidies Agreement country that is— "(i) a least developed country, as determined by the Trade Representative in accordance with section 771(36), or