Page:United States Statutes at Large Volume 108 Part 6.djvu/347

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PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4915 (2) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. SEC. 26«. NATURE OF COUNTERVAILABLE SUBSIDY. Section 771(7)(E)(i) (19 U.S.C. 1677(7)(E)(i)) is amended to read as follows: " (i) NATURE OF COUNTERVAILABLE SUBSIDY.—In determining whether there is a threat of material injuiy, the Commission shall consider information provided, to it by the administering authority regaraing the nature or the countervailable subsidy granted by a foreign country (psirticularly whether the countervailable subsidy is a subsidy described in Article 3 or 6.1 of the Subsidies Agreement) and the effects likely to be caused by the countervailable subsidy.". SEC. 267. DEFINITION OF DEVELOPING AND LEAST-DEVELOPED COUNTRY. Section 771 (19 U.S.C. 1677), as amended, is amended by adding at the end the following new paragraph: "(36) DEVELOPING AND LEAST DEVELOPED COUNTRY. — "(A) DEVEIX)PING COUNTRY. —The term 'developing country* means a country designated as a developing country by the Trade Representative. \B) LEAST DEVELOPED COUNTRY. —The term least developed country^ means a country which the Trade Representative determines is— "(i) a country referred to as a least developed counwithin the meaning of paragraph (a) of Annex [I to the Subsidies Agreement, or "(ii) any other country hsted in Annex VII to the Subsidies Agreement, but only if the country has a per capita gross national product of less than $1,000 per annum as measui^ by the most recent data available fix)m the World Bank. "(C) PUBLICATION OF UST. —T lte Trade Representative Federal shall publish m the Federal Register, and update as nee- Jjgf^^^^ essary, a nst of— yuuuwitiuii. "(i) developing countaies that have eliminated their export subsidies on an expedited basis within the meaning of Article 27.11 of the Subsidies Agreement, and "(ii) countries determined by the Trade Representative to be least developed or developing countries. "(D) FACTORS TO CONSIDER. —In determining whether a country is a developing country under subparagraph (A), the Trade Representative shall consider such economic, trade, and other factors which the Trade Representative considers apprmmate, includiog the level of economic development of such country (the assessment of which shall include a review of the country's per capita gross national product) and the country's share of world trade.

  • (E) LIMITATION ON DESIGNATION.—^A determination

that a country is a devefoping or least developed country pursuant to tiiis paragraph shall be for purposes of this title only and shalL not affect the determination of a country's status as a developing or least developed country with respect to any other law..