209
price effects, and impact on the industry of im-
ports of the subject merchandise.’’.
SEC. 229. SAMPLING AND AVERAGING; DETERMINATION OF
WEIGHTED AVERAGE DUMPING MARGIN.
(a) IN
GENERAL.—Section 
777A 
(19 
U.S.C.
1677f–1) is amended to read as follows:
‘‘SEC. 777A. SAMPLING AND AVERAGING; DETERMINATION
OF WEIGHTED AVERAGE DUMPING MARGIN.
‘‘(a) IN GENERAL.—For purposes of determining the
export price (or constructed export price) under section
772 or the normal value under section 773, and in carry-
ing out reviews under section 751, the administering au-
thority may—
‘‘(1) use averaging and statistically valid sam-
ples, if there is a significant volume of sales of the
subject merchandise or a significant number or types
of products, and
‘‘(2) decline to take into account adjustments
which are insignificant in relation to the price or
value of the merchandise.
‘‘(b) SELECTION OF AVERAGES AND SAMPLES.—The
authority to select averages and statistically valid samples
shall rest exclusively with the administering authority. The
administering authority shall, to the greatest extent pos-
sible, consult with the exporters and producers regarding
210
the method to be used to select exporters, producers, or
types of products under this section.
‘‘(c) DETERMINATION OF DUMPING MARGIN.—
‘‘(1) GENERAL RULE.—In determining weighted
average dumping margins under section 733(d),
735(c), or 751(a), the administering authority shall
determine the individual weighted average dumping
margin for each known exporter and producer of the
subject merchandise.
‘‘(2) EXCEPTION.—If it is not practicable to
make individual weighted average dumping margin
determinations under paragraph (1) because of the
large number of exporters or producers involved in
the investigation or review, the administering au-
thority may determine the weighted average dump-
ing margins for a reasonable number of exporters or
producers by limiting its examination to—
‘‘(A) a sample of exporters, producers, or
types of products that is statistically valid
based on the information available to the ad-
ministering authority at the time of selection,
or
‘‘(B) exporters and producers accounting
for the largest volume of the subject merchan-
211
dise from the exporting country that can be
reasonably examined.
‘‘(d) 
DETERMINATION
OF
LESS
THAN
FAIR
VALUE.—
‘‘(1) INVESTIGATIONS.—
‘‘(A) IN
GENERAL.—In an investigation
under subtitle B, the administering authority
shall determine whether the subject merchan-
dise is being sold in the United States at less
than fair value—
‘‘(i) by comparing the weighted aver-
age of the normal values to the weighted
average of the export prices (and con-
structed export prices) for comparable
merchandise, or
‘‘(ii) by comparing the normal values
of individual transactions to the export
prices (or constructed export prices) of in-
dividual transactions for comparable mer-
chandise.
‘‘(B) EXCEPTION.—The administering au-
thority may determine whether the subject mer-
chandise is being sold in the United States at
less than fair value by comparing the weighted
average of the normal values to the export
212
prices (or constructed export prices) of individ-
ual transactions for comparable merchandise,
if—
‘‘(i) there is a pattern of export prices
(or constructed export prices) for com-
parable merchandise that differ signifi-
cantly among purchasers, regions, or peri-
ods of time, and
‘‘(ii) the administering authority ex-
plains why such differences cannot be
taken into account using a method de-
scribed in paragraph (1)(A)(i) or (ii).
‘‘(2) REVIEWS.—In a review under section 751,
when comparing export prices (or constructed export
prices) of individual transactions to the weighted av-
erage price of sales of the foreign like product, the
administering authority shall limit its averaging of
prices to a period not exceeding the calendar month
that corresponds most closely to the calendar month
of the individual export sale.’’.
(b) DUMPING MARGIN; WEIGHTED AVERAGE DUMP-
ING MARGIN.—Section 771 (19 U.S.C. 1677), as amended
by section 222(i), is amended by adding at the end the
following new paragraph:
213
‘‘(35) DUMPING MARGIN; WEIGHTED AVERAGE
DUMPING MARGIN.—
‘‘(A) 
DUMPING
MARGIN.—The 
term
‘dumping margin’ means the amount by which
the normal value exceeds the export price or
constructed export price of the subject mer-
chandise.
‘‘(B) WEIGHTED AVERAGE DUMPING MAR-
GIN.—The term ‘weighted average dumping
margin’ is the percentage determined by divid-
ing the aggregate dumping margins determined
for a specific exporter or producer by the aggre-
gate export prices and constructed export prices
of such exporter or producer.
‘‘(C) MAGNITUDE
OF
THE
MARGIN
OF
DUMPING.—The magnitude of the margin of
dumping used by the Commission shall be—
‘‘(i) in making a preliminary deter-
mination under section 733(a) in an inves-
tigation (including any investigation in
which the Commission cumulatively as-
sesses the volume and effect of imports
under paragraph (7)(G)(i)), the dumping
margin or margins published by the ad-
214
ministering authority in its notice of initi-
ation of the investigation;
‘‘(ii) in making a final determination
under section 735(b), the dumping margin
or margins most recently published by the
administering authority prior to the closing
of the Commission’s administrative record;
‘‘(iii) in a review under section
751(b)(2), the most recent dumping mar-
gin or margins determined by the admin-
istering authority under section 752(c)(3),
if any, or under section 733(b) or 735(a);
and
‘‘(iv) in a review under section 751(c),
the dumping margin or margins deter-
mined by the administering authority
under section 752(c)(3).’’.
SEC. 230. ANTICIRCUMVENTION.
(a) IN GENERAL.—Subsections (a) and (b) of section
781 (19 U.S.C. 1677j (a) and (b)) are amended to read
as follows:
‘‘(a) MERCHANDISE COMPLETED OR ASSEMBLED IN
THE UNITED STATES.—
‘‘(1) IN GENERAL.—If—
215
‘‘(A) merchandise sold in the United
States is of the same class or kind as any other
merchandise that is the subject of—
‘‘(i) an antidumping duty order issued
under section 736,
‘‘(ii) a finding issued under the Anti-
dumping Act, 1921, or
‘‘(iii) a countervailing duty order is-
sued under section 706 or section 303,
‘‘(B) such merchandise sold in the United
States is completed or assembled in the United
States from parts or components produced in
the foreign country with respect to which such
order or finding applies,
‘‘(C) the process of assembly or completion
in the United States is minor or insignificant,
and
‘‘(D) the value of the parts or components
referred to in subparagraph (B) is a significant
portion of the total value of the merchandise,
the administering authority, after taking into ac-
count any advice provided by the Commission under
subsection (e), may include within the scope of such
order or finding the imported parts or components
referred to in subparagraph (B) that are used in the
216
completion or assembly of the merchandise in the
United States at any time such order or finding is
in effect.
‘‘(2) DETERMINATION OF WHETHER PROCESS
IS
MINOR
OR
INSIGNIFICANT.—In determining
whether the process of assembly or completion is
minor or insignificant under paragraph (1)(C), the
administering authority shall take into account—
‘‘(A) the level of investment in the United
States,
‘‘(B) the level of research and development
in the United States,
‘‘(C) the nature of the production process
in the United States,
‘‘(D) the extent of production facilities in
the United States, and
‘‘(E) whether the value of the processing
performed in the United States represents a
small proportion of the value of the merchan-
dise sold in the United States.
‘‘(3) FACTORS TO CONSIDER.—In determining
whether to include parts or components in a coun-
tervailing or antidumping duty order or finding
under paragraph (1), the administering authority
shall take into account such factors as—
217
‘‘(A) the pattern of trade, including
sourcing patterns,
‘‘(B) whether the manufacturer or exporter
of the parts or components is affiliated with the
person who assembles or completes the mer-
chandise sold in the United States from the
parts or components produced in the foreign
country with respect to which the order or find-
ing described in paragraph (1) applies, and
‘‘(C) whether imports into the United
States of the parts or components produced in
such foreign country have increased after the
initiation of the investigation which resulted in
the issuance of such order or finding.
‘‘(b) MERCHANDISE COMPLETED OR ASSEMBLED IN
OTHER FOREIGN COUNTRIES.—
‘‘(1) IN GENERAL.—If—
‘‘(A) merchandise imported into the United
States is of the same class or kind as any mer-
chandise produced in a foreign country that is
the subject of—
‘‘(i) an antidumping duty order issued
under section 736,
‘‘(ii) a finding issued under the Anti-
dumping Act, 1921, or
218
‘‘(iii) a countervailing duty order is-
sued under section 706 or section 303,
‘‘(B) before importation into the United
States, such imported merchandise is completed
or assembled in another foreign country from
merchandise which—
‘‘(i) is subject to such order or find-
ing, or
‘‘(ii) is produced in the foreign coun-
try with respect to which such order or
finding applies,
‘‘(C) the process of assembly or completion
in the foreign country referred to in subpara-
graph (B) is minor or insignificant,
‘‘(D) the value of the merchandise pro-
duced in the foreign country to which the anti-
dumping duty order applies is a significant por-
tion of the total value of the merchandise ex-
ported to the United States, and
‘‘(E) the administering authority deter-
mines that action is appropriate under this
paragraph to prevent evasion of such order or
finding,
the administering authority, after taking into ac-
count any advice provided by the Commission under
219
subsection (e), may include such imported merchan-
dise within the scope of such order or finding at any
time such order or finding is in effect.
‘‘(2) DETERMINATION OF WHETHER PROCESS
IS
MINOR
OR
INSIGNIFICANT.—In determining
whether the process of assembly or completion is
minor or insignificant under paragraph (1)(C), the
administering authority shall take into account—
‘‘(A) the level of investment in the foreign
country,
‘‘(B) the level or research and development
in the foreign country,
‘‘(C) the nature of the production process
in the foreign country,
‘‘(D) the extent of production facilities in
the foreign country, and
‘‘(E) whether the value of the processing
performed in the foreign country represents a
small proportion of the value of the merchan-
dise imported into the United States.
‘‘(3) FACTORS TO CONSIDER.—In determining
whether to include merchandise assembled or com-
pleted in a foreign country in a countervailing duty
order or an antidumping duty order or finding under
220
paragraph (1), the administering authority shall
take into account such factors as—
‘‘(A) the pattern of trade, including
sourcing patterns,
‘‘(B) whether the manufacturer or exporter
of the merchandise described in paragraph
(1)(B) is affiliated with the person who uses the
merchandise described in paragraph (1)(B) to
assemble or complete in the foreign country the
merchandise that is subsequently imported into
the United States, and
‘‘(C) whether imports into the foreign
country of the merchandise described in para-
graph (1)(B) have increased after the initiation
of the investigation which resulted in the issu-
ance of such order or finding.’’.
(b) TIME LIMITS FOR ADMINISTERING AUTHORITY
DETERMINATIONS.—Section 781 (19 U.S.C. 1677j) is
amended by adding at the end the following:
‘‘(f) TIME LIMITS FOR ADMINISTERING AUTHORITY
DETERMINATIONS.—The administering authority shall, to
the maximum extent practicable, make the determinations
under this section within 300 days from the date of the
initiation of a countervailing duty or antidumping cir-
cumvention inquiry under this section.’’.
221
SEC. 231. EVIDENCE.
(a) CONDUCT OF INVESTIGATIONS AND ADMINISTRA-
TIVE REVIEWS.—Subtitle D of title VII (19 U.S.C. 1671)
is amended by adding at the end the following new section:
‘‘SEC. 782. CONDUCT OF INVESTIGATIONS AND ADMINIS-
TRATIVE REVIEWS.
‘‘(a) TREATMENT
OF VOLUNTARY RESPONSES
IN
COUNTERVAILING OR ANTIDUMPING DUTY INVESTIGA-
TIONS AND REVIEWS.—In any investigation under subtitle
A or B or a review under section 751(a) in which the ad-
ministering authority has, under section 777A(c)(2) or
section 777A(e)(2)(A) (whichever is applicable), limited
the number of exporters or producers examined, or deter-
mined a single country-wide rate, the administering au-
thority shall establish an individual countervailable sub-
sidy rate or an individual weighted average dumping mar-
gin for any exporter or producer not initially selected for
individual examination under such sections who submits
to the administering authority the information requested
from exporters or producers selected for examination, if—
‘‘(1) such information is so submitted by the
date specified—
‘‘(A) for exporters and producers that were
initially selected for examination, or
‘‘(B) for the foreign government, in a
countervailing duty case where the administer-
222
ing authority has determined a single country-
wide rate; and
‘‘(2) the number of exporters or producers who
have submitted such information is not so large that
individual examination of such exporters or produc-
ers would be unduly burdensome and inhibit the
timely completion of the investigation.
‘‘(b) CERTIFICATION OF SUBMISSIONS.—Any person
providing factual information to the administering author-
ity or the Commission in connection with a proceeding
under this title on behalf of the petitioner or any other
interested party shall certify that such information is ac-
curate and complete to the best of that person’s knowl-
edge.
‘‘(c) DIFFICULTIES IN MEETING REQUIREMENTS.—
‘‘(1) NOTIFICATION BY INTERESTED PARTY.—
If an interested party, promptly after receiving a re-
quest from the administering authority or the Com-
mission for information, notifies the administering
authority or the Commission (as the case may be)
that such party is unable to submit the information
requested in the requested form and manner, to-
gether with a full explanation and suggested alter-
native forms in which such party is able to submit
the information, the administering authority or the
223
Commission (as the case may be) shall consider the
ability of the interested party to submit the informa-
tion in the requested form and manner and may
modify such requirements to the extent necessary to
avoid imposing an unreasonable burden on that
party.
‘‘(2) ASSISTANCE TO INTERESTED PARTIES.—
The administering authority and the Commission
shall take into account any difficulties experienced
by interested parties, particularly small companies,
in supplying information requested by the admin-
istering authority or the Commission in connection
with investigations and reviews under this title, and
shall provide to such interested parties any assist-
ance that is practicable in supplying such informa-
tion.
‘‘(d) DEFICIENT SUBMISSIONS.—If the administering
authority or the Commission determines that a response
to a request for information under this title does not com-
ply with the request, the administering authority or the
Commission (as the case may be) shall promptly inform
the person submitting the response of the nature of the
deficiency and shall, to the extent practicable, provide that
person with an opportunity to remedy or explain the defi-
ciency in light of the time limits established for the com-
224
pletion of investigations or reviews under this title. If that
person submits further information in response to such
deficiency and either—
‘‘(1) the administering authority or the Com-
mission (as the case may be) finds that such re-
sponse is not satisfactory, or
‘‘(2) such response is not submitted within the
applicable time limits,
then the administering authority or the Commission (as
the case may be) may, subject to subsection (e), disregard
all or part of the original and subsequent responses.
‘‘(e) USE OF CERTAIN INFORMATION.—In reaching
a determination under section 703, 705, 733, 735, 751,
or 753 the administering authority and the Commission
shall not decline to consider information that is submitted
by an interested party and is necessary to the determina-
tion but does not meet all the applicable requirements es-
tablished by the administering authority or the Commis-
sion, if—
‘‘(1) the information is submitted by the dead-
line established for its submission,
‘‘(2) the information can be verified,
‘‘(3) the information is not so incomplete that
it cannot serve as a reliable basis for reaching the
applicable determination,
225
‘‘(4) the interested party has demonstrated that
it acted to the best of its ability in providing the in-
formation and meeting the requirements established
by the administering authority or the Commission
with respect to the information, and
‘‘(5) the information can be used without undue
difficulties.
‘‘(f) NONACCEPTANCE OF SUBMISSIONS.—If the ad-
ministering authority or the Commission declines to accept
into the record any information submitted in an investiga-
tion or review under this title, it shall, to the extent prac-
ticable, provide to the person submitting the information
a written explanation of the reasons for not accepting the
information.
‘‘(g) PUBLIC COMMENT ON INFORMATION.—Infor-
mation that is submitted on a timely basis to the admin-
istering authority or the Commission during the course of
a proceeding under this title shall be subject to comment
by other parties to the proceeding within such reasonable
time as the administering authority or the Commission
shall provide. The administering authority and the Com-
mission, before making a final determination under section
705, 735, 751, or 753 shall cease collecting information
and shall provide the parties with a final opportunity to
comment on the information obtained by the administer-
226
ing authority or the Commission (as the case may be)
upon which the parties have not previously had an oppor-
tunity to comment. Comments containing new factual in-
formation shall be disregarded.
‘‘(h) TERMINATION OF INVESTIGATION OR REVOCA-
TION OF ORDER FOR LACK OF INTEREST.—The admin-
istering authority may—
‘‘(1) terminate an investigation under subtitle A
or B with respect to a domestic like product if, prior
to publication of an order under section 706 or 736,
the administering authority determines that produc-
ers accounting for substantially all of the production
of that domestic like product have expressed a lack
of interest in issuance of an order; and
‘‘(2) revoke an order issued under section 706
or 736 with respect to a domestic like product, or
terminate an investigation suspended under section
704 or 734 with respect to a domestic like product,
if the administering authority determines that pro-
ducers accounting for substantially all of the produc-
tion of that domestic like product, have expressed a
lack of interest in the order or suspended investiga-
tion.
‘‘(i) VERIFICATION.—The administering authority
shall verify all information relied upon in making—
227
‘‘(1) a final determination in an investigation,
‘‘(2) a revocation under section 751(d), and
‘‘(3) a final determination in a review under
section 751(a), if—
‘‘(A) verification is timely requested by an
interested 
party 
as 
defined 
in 
section
771(9)(C), (D), (E), (F), or (G), and
‘‘(B) no verification was made under this
subparagraph during the 2 immediately preced-
ing reviews and determinations under section
751(a) of the same order, finding, or notice, ex-
cept that this clause shall not apply if good
cause for verification is shown.’’.
(b) AVAILABILITY OF NONPROPRIETARY INFORMA-
TION.—Section 777(a)(4) (19 U.S.C. 1677f(a)(4)) is
amended by striking ‘‘may disclose’’ and inserting ‘‘shall
disclose’’.
(c) DETERMINATIONS ON THE BASIS OF THE FACTS
AVAILABLE.—Section 776 (19 U.S.C. 1677e) is amended
to read as follows:
‘‘SEC. 776. DETERMINATIONS ON THE BASIS OF THE FACTS
AVAILABLE.
‘‘(a) IN GENERAL.—If—
‘‘(1) necessary information is not available on
the record, or
228
‘‘(2) an interested party or any other person—
‘‘(A) withholds information that has been
requested by the administering authority or the
Commission under this title,
‘‘(B) fails to provide such information by
the deadlines for submission of the information
or in the form and manner requested, subject to
subsections (c)(1) and (e) of section 782,
‘‘(C) significantly impedes a proceeding
under this title, or
‘‘(D) provides such information but the in-
formation cannot be verified as provided in sec-
tion 782(i),
the administering authority and the Commission shall,
subject to section 782(d), use the facts otherwise available
in reaching the applicable determination under this title.
‘‘(b) ADVERSE INFERENCES.—If the administering
authority or the Commission (as the case may be) finds
that an interested party has failed to cooperate by not act-
ing to the best of its ability to comply with a request for
information from the administering authority or the Com-
mission, the administering authority or the Commission
(as the case may be), in reaching the applicable determina-
tion under this title, may use an inference that is adverse
to the interests of that party in selecting from among the
229
facts otherwise available. Such adverse inference may in-
clude reliance on information derived from—
‘‘(1) the petition,
‘‘(2) a final determination in the investigation
under this title,
‘‘(3) any previous review under section 751 or
determination under section 753, or
‘‘(4) any other information placed on the
record.
‘‘(c) CORROBORATION
OF SECONDARY INFORMA-
TION.—When the administering authority or the Commis-
sion relies on secondary information rather than on infor-
mation obtained in the course of an investigation or re-
view, the administering authority or the Commission, as
the case may be, shall, to the extent practicable, corrobo-
rate that information from independent sources that are
reasonably at their disposal.’’.
(d) CONFORMING AMENDMENTS.—
(1) Section 777(e) (19 U.S.C. 1677f(e)) is re-
pealed.
(2) The table of contents for title VII is amend-
ed—
(A) by amending the item relating to sec-
tion 776 to read as follows:
‘‘Sec. 776. Determinations on the basis of the facts available.’’;
and
230
(B) by inserting after the item relating to
section 781 the following new item:
‘‘Sec. 782. Conduct of investigations and administrative reviews.’’.
SEC. 232. ANTIDUMPING PETITIONS BY THIRD COUNTRIES.
(a) IN GENERAL.—Subtitle D of title VII (19 U.S.C.
1677 et seq.), as amended by section 231(a), is amended
by adding at the end the following new section:
‘‘SEC. 783. ANTIDUMPING PETITIONS BY THIRD COUNTRIES.
‘‘(a) FILING OF PETITION.—The government of a
WTO member may file with the Trade Representative a
petition requesting that an investigation be conducted to
determine if—
‘‘(1) imports from another country are being
sold in the United States at less than fair value, and
‘‘(2) an industry in the petitioning country is
materially injured by reason of those imports.
‘‘(b) INITIATION.—The Trade Representative, after
consultation with the administering authority and the
Commission and obtaining the approval of the WTO
Council for Trade in Goods, shall determine whether to
initiate an investigation described in subsection (a).
‘‘(c) DETERMINATIONS.—Upon initiation of an inves-
tigation under this section, the Trade Representative shall
request the following determinations be made according
to substantive and procedural requirements specified by
231
the Trade Representative, notwithstanding any other pro-
vision of this title:
‘‘(1) The administering authority shall deter-
mine whether imports into the United States of the
subject merchandise are being sold at less than fair
value.
‘‘(2) The Commission shall determine whether
an industry in the petitioning country is materially
injured by reason of imports of the subject merchan-
dise into the United States.
‘‘(d) PUBLIC COMMENT.—An opportunity for public
comment shall be provided, as appropriate—
‘‘(1) by the Trade Representative, in making
the determination required by subsection (b), and
‘‘(2) by the administering authority and the
Commission, in making the determination required
by subsection (c).
‘‘(e) ISSUANCE OF ORDER.—If the administering au-
thority makes an affirmative determination under para-
graph (1) of subsection (c), and the Commission makes
an affirmative determination under paragraph (2) of sub-
section (c), the administering authority shall issue an anti-
dumping duty order in accordance with section 736 and
take such other actions as are required by section 736.
232
‘‘(f) REVIEWS OF DETERMINATIONS.—For purposes
of review under section 516A or review under section 751,
if an order is issued under subsection (d), the final deter-
minations of the administering authority and the Commis-
sion under this section shall be treated as final determina-
tions made under section 735.
‘‘(g) ACCESS TO INFORMATION.—Section 777 shall
apply to investigations under this section, to the extent
specified by the Trade Representative, after consultation
with the administering authority and the Commission.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents for title VII, as amended by section 231(d)(2), is
amended by adding after the item relating to section 782
the following new item:
‘‘Sec. 783. Antidumping petitions by third countries.’’.
SEC. 233. CONFORMING AMENDMENTS.
(a) TERMINOLOGY.—
(1) NORMAL
VALUE.—Each of the following
sections is amended by striking ‘‘foreign market
value’’ each place it appears in the text and in the
heading and inserting ‘‘normal value’’:
(A) Section 731 (19 U.S.C. 1673).
(B) Section 734 (19 U.S.C. 1673c).
(C) Section 736 (19 U.S.C. 1673e).
(D) Section 739 (19 U.S.C. 1673h).
(E) Section 780 (19 U.S.C. 1677i).
233
(2) EXPORT PRICE.—
(A) IN GENERAL.—Each of the following
sections is amended by striking ‘‘United States
price’’ each place it appears in the text and in
the heading and inserting ‘‘export price (or the
constructed export price)’’:
(i) Section 731 (19 U.S.C. 1673).
(ii) Section 734 (19 U.S.C. 1673c).
(iii) Section 736 (19 U.S.C. 1673e).
(iv) Section 738 (19 U.S.C. 1673g).
(v) Section 739 (19 U.S.C. 1673h).
(vi) Section 780 (19 U.S.C. 1677i).
(B) EXPORTER’S
SALES
PRICE.—Section
738(b)(3) (19 U.S.C. 1673g(b)(3)) is amended
by striking ‘‘exporter’s sales price’’ and insert-
ing ‘‘constructed export price’’.
(3) DOMESTIC LIKE PRODUCT.—
(A) Each of the following sections is
amended by striking ‘‘like product’’ each place
it appears in the text and in the heading and
inserting ‘‘domestic like product’’:
(i) Section 771(4)(C) and (D) (19
U.S.C. 1677(4)(C) and (D)).
(ii) Section 771(7)(C)(iii)(IV) (19
U.S.C. 1677(7)(C)(iii)(IV)).
234
(iii) 
Section 
771(9) 
(19 
U.S.C.
1677(9)).
(iv) 
Section 
771(10) (19 U.S.C.
1677(10)).
(B) Sections 771(7)(B)(i)(II) and (III)
and 
section 
771(7)(C)(ii)(I) 
(19 
U.S.C.
1677(7)(B)(i)(II) and (III) and (C)(ii)(I)) are
amended by striking ‘‘like products’’ and insert-
ing ‘‘domestic like products’’.
(4) FOREIGN LIKE PRODUCT.—Section 771(16)
(19 U.S.C. 1677(16)) is amended—
(A) by striking ‘‘such or similar merchan-
dise’’ in the text and inserting ‘‘foreign like
product’’, and
(B) by amending the heading to read as
follows: ‘‘FOREIGN LIKE PRODUCT.’’.
(5) SUBJECT MERCHANDISE.—
(A) Section 701(d) (19 U.S.C. 1671(d)) is
amended by striking ‘‘a class or kind of mer-
chandise subject to a countervailing duty inves-
tigation’’ and inserting ‘‘subject merchandise’’.
(B) Section 702(e) (19 U.S.C. 1671a(e)) is
amended by striking ‘‘class or kind of merchan-
dise that is the subject of the investigation’’
235
each place it appears and inserting ‘‘subject
merchandise’’.
(C) 
Section 
703(b)(1) 
(19 
U.S.C.
1671b(b)(1)) is amended by striking ‘‘merchan-
dise which is the subject of the investigation’’
and inserting ‘‘subject merchandise’’.
(D) Section 704(a)(2)(A) (19 U.S.C.
1671c(a)(2)(A)) is amended by striking ‘‘mer-
chandise that is subject to the investigation’’
and inserting ‘‘subject merchandise’’.
(E) Section 704(b) (19 U.S.C. 1671c(b))
is amended by striking ‘‘merchandise which is
the subject of the investigation’’ and inserting
‘‘subject merchandise’’.
(F) 
Section 
704(c)(1) 
(19 
U.S.C.
1671c(c)(1)) is amended by striking ‘‘merchan-
dise which is the subject of the investigation’’
and inserting ‘‘subject merchandise’’.
(G) 
Section 
704(c)(2) 
(19 
U.S.C.
1671c(c)(2)) is amended by striking ‘‘merchan-
dise which is the subject of the investigation’’
and inserting ‘‘subject merchandise’’.
(H) 
Section 
704(c)(3) 
(19 
U.S.C.
1671c(c)(3)) is amended by striking ‘‘merchan-
236
dise which is the subject of an investigation’’
and inserting ‘‘subject merchandise’’.
(I) 
Section 
704(d)(3) 
(19 
U.S.C.
1671c(d)(3)) is amended by striking ‘‘merchan-
dise covered by such agreement’’ and inserting
‘‘subject merchandise’’.
(J) 
Section 
704(f)(1)(A) 
(19 
U.S.C.
1671c(f)(1)(A)) is amended by striking ‘‘mer-
chandise which is the subject of the investiga-
tion’’ and inserting ‘‘subject merchandise’’.
(K) Subparagraphs (A)(i) and (B) of sec-
tion 704(f)(2) (19 U.S.C. 1671c(f)(2)(A)(i) and
(B)) are amended by striking ‘‘merchandise
which is the subject of the investigation’’ each
place it appears and inserting ‘‘subject mer-
chandise’’.
(L) Paragraphs (2) and (3) of section
704(h) (19 U.S.C. 1671c(h) (2) and (3)) are
amended by striking ‘‘merchandise which is the
subject of the investigation’’ each place it ap-
pears and inserting ‘‘subject merchandise’’.
(M) Section 704(j) (19 U.S.C. 1671c(j)) is
amended by striking ‘‘merchandise which is the
subject of the investigation’’ and inserting
‘‘subject merchandise’’.
237
(N) 
Section 
705(a)(1) 
(19 
U.S.C.
1671d(a)(1)) is amended by striking ‘‘the mer-
chandise’’ and inserting ‘‘the subject merchan-
dise’’.
(O) 
Section 
706(a)(2) 
(19 
U.S.C.
1671e(a)(2)), as redesignated by section 265, is
amended by striking ‘‘class or kind of merchan-
dise to which it applies’’ and inserting ‘‘subject
merchandise’’.
(P) 
Section 
732(e)(1) 
(19 
U.S.C.
1673a(e)(1)) is amended by striking ‘‘class or
kind of the merchandise which is the subject of
the investigation’’ and inserting ‘‘the subject
merchandise’’.
(Q) 
Section 
732(e)(2) 
(19 
U.S.C.
1673a(e)(2)) is amended by striking ‘‘merchan-
dise which is the subject of the investigation’’
and inserting ‘‘subject merchandise’’.
(R) Section 732(e) (19 U.S.C. 1673a(e)) is
amended by striking ‘‘class or kind of merchan-
dise that is the subject of the investigation’’
each place it appears and inserting ‘‘subject
merchandise’’.
(S) 
Section 
734(a)(2)(A) 
(19 
U.S.C
1673c(a)(2)(A)) is amended by striking ‘‘mer-
238
chandise that is subject to the investigation’’
and inserting ‘‘subject merchandise’’.
(T) Subsections (b), (c)(1), (f)(1)(A),
(f)(2)(A)(i), (g)(1), (h)(2), (h)(3), and (j) of
section 734 (19 U.S.C 1673c(b), (c)(1),
(f)(1)(A), (f)(2)(A)(i), (g)(1), (h)(2), (h)(3),
and (j)) are amended by striking ‘‘merchandise
which is the subject of the investigation’’ each
place it appears and inserting ‘‘subject mer-
chandise’’.
(U) Section 734(f)(2)(B) (19 U.S.C.
1673c(f)(2)(B)) is amended by striking ‘‘mer-
chandise subject to the investigation’’ and in-
serting ‘‘subject merchandise’’.
(V) 
Section 
735(a)(1) 
(19 
U.S.C.
1673d(a)(1)) is amended by striking ‘‘merchan-
dise which was the subject of the investigation’’
and inserting ‘‘subject merchandise’’.
(W) 
Section 
736(a)(2) 
(19 
U.S.C.
1673e(a)(2)) is amended by striking ‘‘class or
kind of merchandise to which it applies’’ and
inserting ‘‘subject merchandise’’.
(X) 
Section 
736(b)(1) 
(19 
U.S.C.
1673e(b)(1)) is amended by striking ‘‘merchan-
239
dise subject to the antidumping duty order’’
and inserting ‘‘subject merchandise’’.
(Y) 
Section 
736(b)(2) 
(19 
U.S.C.
1673e(b)(2)) is amended by striking ‘‘merchan-
dise subject to an antidumping duty order’’ and
inserting ‘‘subject merchandise’’.
(Z) 
Section 
762(a)(1) 
(19 
U.S.C.
1676a(a)(1)) is amended by striking ‘‘merchan-
dise subject to the agreement’’ and inserting
‘‘subject merchandise’’.
(AA) 
Section 
762(b)(2) 
(19 
U.S.C.
1676a(b)(2)) is amended by striking ‘‘merchan-
dise subject to the order’’ and inserting ‘‘sub-
ject merchandise’’.
(BB) Section 771(7)(B)(i)(I) (19 U.S.C.
1677(7)(B)(i)(I)) is amended by striking ‘‘mer-
chandise which is the subject of the investiga-
tion’’ and inserting ‘‘subject merchandise’’.
(CC) 
Section 
771(9)(A) 
(19 
U.S.C.
1677(9)(A)) is amended by striking ‘‘merchan-
dise which is the subject of an investigation
under this title’’ and inserting ‘‘subject mer-
chandise’’.
(DD) Section 771(16)(A) (19 U.S.C.
1677(16)(A)) is amended by striking ‘‘merchan-
240
dise which is the subject of an investigation’’
and inserting ‘‘subject merchandise’’.
(EE) Section 771(16)(B)(i) (19 U.S.C.
1677(16)(B)(i)) is amended by striking ‘‘mer-
chandise which is the subject of an investiga-
tion’’ and inserting ‘‘subject merchandise’’.
(FF) 
Section 
771(17) 
(19 
U.S.C.
1677(17)) is amended by striking ‘‘merchandise
which is the subject of the investigation’’ and
inserting ‘‘subject merchandise’’.
(GG) Section 771A(c) (19 U.S.C. 1677–
1(c)) is amended by striking ‘‘merchandise
under investigation’’ and inserting ‘‘subject
merchandise’’.
(6) INITIATE.—(A) Each of the following sec-
tions is amended by striking ‘‘commenced’’ and in-
serting ‘‘initiated’’:
(i) Section 702(a).
(ii) Section 702(b)(1).
(iii) Section 703(b)(1).
(iv) Section 703(c)(1).
(v) Section 732(a)(1).
(vi) Section 732(a)(2)(D).
(vii) Section 732(b)(1).
(viii) Section 733(b)(1)(A) and (B).
241
(ix) Section 733(b)(2).
(x) Section 733(c)(1).
(B) Sections 703(g)(1) and 733(b)(2) are each
amended by striking ‘‘commencement’’ and inserting
‘‘initiation’’.
(C) Section 732(a)(2)(B) is amended by strik-
ing ‘‘commence’’ and inserting ‘‘initiate’’.
(7) TECHNICAL
AMENDMENTS.—The table of
contents for title VII is amended—
(A) by amending the item relating to sec-
tion 772 to read as follows:
‘‘Sec. 772. Export price and constructed export price.’’;
(B) by striking ‘‘Foreign market value’’ in
the item relating to section 773 and inserting
‘‘Normal value’’, and
(C) by inserting after the item relating to
section 708 the following new item:
‘‘Sec. 709. Conditional payment of countervailing duty.’’.
(b) OTHER CONFORMING AMENDMENTS.—
(1) WTO MEMBER.—Section 771(7)(F)(iii) (19
U.S.C. 1677(7)(F)(iii)) is amended—
(A) in subclause (I), by striking ‘‘GATT
member’’ and inserting ‘‘WTO member’’; and
(B) in subclause (II)—
242
(i) in the subclause heading, by strik-
ing 
‘‘GATT 
MEMBER’’ 
and 
inserting
‘‘WTO MEMBER’’;
(ii) by striking ‘‘GATT member’’ and
inserting ‘‘WTO member’’; and
(iii) by striking ‘‘signatory’’ and all
that follows through ‘‘measures)’’ and in-
serting ‘‘WTO member’’.
(2) 
ADMINISTERING
AUTHORITY.—Section
771(1) (19 U.S.C. 1677(1)) is amended by striking
‘‘the Treasury’’ and inserting ‘‘Commerce’’.
SEC. 234. APPLICATION TO CANADA AND MEXICO.
Pursuant to article 1902 of the North American Free
Trade Agreement and section 408 of the North American
Free Trade Agreement Implementation Act, the amend-
ments made by this title shall apply with respect to goods
from Canada and Mexico.
Subtitle B—Subsidies Provisions
PART 1—COUNTERVAILABLE SUBSIDIES
SEC. 251. COUNTERVAILABLE SUBSIDY.
(a) IN GENERAL.—Section 771 (19 U.S.C. 1677) is
amended by striking paragraph (5) and inserting the fol-
lowing:
‘‘(5) COUNTERVAILABLE SUBSIDY.—
243
‘‘(A) IN GENERAL.—Except as provided in
paragraph (5B), a countervailable subsidy is a
subsidy described in this paragraph which is
specific as described in paragraph (5A).
‘‘(B) SUBSIDY DESCRIBED.—A subsidy is
described in this paragraph in the case in which
an authority—
‘‘(i) provides a financial contribution,
‘‘(ii) provides any form of income or
price support within the meaning of Article
XVI of the GATT 1994, or
‘‘(iii) makes a payment to a funding
mechanism to provide a financial contribu-
tion, or entrusts or directs a private entity
to make a financial contribution, if provid-
ing the contribution would normally be
vested in the government and the practice
does not differ in substance from practices
normally followed by governments,
to a person and a benefit is thereby conferred.
For purposes of this paragraph and paragraphs
(5A) and (5B), the term ‘authority’ means a
government of a country or any public entity
within the territory of the country.
244
‘‘(C) OTHER
FACTORS.—The determina-
tion of whether a subsidy exists shall be made
without regard to whether the recipient of the
subsidy is publicly or privately owned and with-
out regard to whether the subsidy is provided
directly or indirectly on the manufacture, pro-
duction, or export of merchandise. The admin-
istering authority is not required to consider
the effect of the subsidy in determining whether
a subsidy exists under this paragraph.
‘‘(D) 
FINANCIAL
CONTRIBUTION.—The
term ‘financial contribution’ means—
‘‘(i) the direct transfer of funds, such
as grants, loans, and equity infusions, or
the potential direct transfer of funds or li-
abilities, such as loan guarantees,
‘‘(ii) foregoing or not collecting reve-
nue that is otherwise due, such as granting
tax credits or deductions from taxable in-
come,
‘‘(iii) providing goods or services,
other than general infrastructure, or
‘‘(iv) purchasing goods.
245
‘‘(E) BENEFIT
CONFERRED.—A benefit
shall normally be treated as conferred where
there is a benefit to the recipient, including—
‘‘(i) in the case of an equity infusion,
if the investment decision is inconsistent
with the usual investment practice of pri-
vate investors, including the practice re-
garding the provision of risk capital, in the
country in which the equity infusion is
made,
‘‘(ii) in the case of a loan, if there is
a difference between the amount the recipi-
ent of the loan pays on the loan and the
amount the recipient would pay on a com-
parable commercial loan that the recipient
could actually obtain on the market,
‘‘(iii) in the case of a loan guarantee,
if there is a difference, after adjusting for
any difference in guarantee fees, between
the amount the recipient of the guarantee
pays on the guaranteed loan and the
amount the recipient would pay for a com-
parable commercial loan if there were no
guarantee by the authority, and
246
‘‘(iv) in the case where goods or serv-
ices are provided, if such goods or services
are provided for less than adequate remu-
neration, and in the case where goods are
purchased, if such goods are purchased for
more than adequate remuneration.
For purposes of clause (iv), the adequacy of re-
muneration shall be determined in relation to
prevailing market conditions for the good or
service being provided or the goods being pur-
chased in the country which is subject to the in-
vestigation or review. Prevailing market condi-
tions include price, quality, availability, market-
ability, transportation, and other conditions of
purchase or sale.
‘‘(F) CHANGE IN OWNERSHIP.—A change
in ownership of all or part of a foreign enter-
prise or the productive assets of a foreign enter-
prise does not by itself require a determination
by the administering authority that a past
countervailable subsidy received by the enter-
prise no longer continues to be countervailable,
even if the change in ownership is accomplished
through an arm’s length transaction.
‘‘(5A) SPECIFICITY.—
247
‘‘(A) IN GENERAL.—A subsidy is specific if
it is an export subsidy described in subpara-
graph (B) or an import substitution subsidy de-
scribed in subparagraph (C), or if it is deter-
mined to be specific pursuant to subparagraph
(D).
‘‘(B) EXPORT SUBSIDY.—An export sub-
sidy is a subsidy that is, in law or in fact, con-
tingent upon export performance, alone or as 1
of 2 or more conditions.
‘‘(C) IMPORT
SUBSTITUTION
SUBSIDY.—
An import substitution subsidy is a subsidy that
is contingent upon the use of domestic goods
over imported goods, alone or as 1 of 2 or more
conditions.
‘‘(D) DOMESTIC SUBSIDY.—In determining
whether a subsidy (other than a subsidy de-
scribed in subparagraph (B) or (C)) is a spe-
cific subsidy, in law or in fact, to an enterprise
or industry within the jurisdiction of the au-
thority providing the subsidy, the following
guidelines shall apply:
‘‘(i) Where the authority providing the
subsidy, or the legislation pursuant to
which the authority operates, expressly
248
limits access to the subsidy to an enter-
prise or industry, the subsidy is specific as
a matter of law.
‘‘(ii) Where the authority providing
the subsidy, or the legislation pursuant to
which the authority operates, establishes
objective criteria or conditions governing
the eligibility for, and the amount of, a
subsidy, the subsidy is not specific as a
matter of law, if—
‘‘(I) eligibility is automatic,
‘‘(II) the criteria or conditions
for eligibility are strictly followed, and
‘‘(III) the criteria or conditions
are clearly set forth in the relevant
statute, regulation, or other official
document so as to be capable of ver-
ification.
For purposes of this clause, the term ‘ob-
jective criteria or conditions’ means criteria
or conditions that are neutral and that do
not favor one enterprise or industry over
another.
‘‘(iii) Where there are reasons to be-
lieve that a subsidy may be specific as a
249
matter of fact, the subsidy is specific if one
or more of the following factors exist:
‘‘(I) The actual recipients of the
subsidy, whether considered on an en-
terprise or industry basis, are limited
in number.
‘‘(II) An enterprise or industry is
a predominant user of the subsidy.
‘‘(III) An enterprise or industry
receives a disproportionately large
amount of the subsidy.
‘‘(IV) The manner in which the
authority providing the subsidy has
exercised discretion in the decision to
grant the subsidy indicates that an
enterprise or industry is favored over
others.
In evaluating the factors set forth in
subclauses (I), (II), (III), and (IV), the ad-
ministering authority shall take into ac-
count the extent of diversification of eco-
nomic activities within the jurisdiction of
the authority providing the subsidy, and
the length of time during which the sub-
sidy program has been in operation.
250
‘‘(iv) Where a subsidy is limited to an
enterprise or industry located within a des-
ignated geographical region within the ju-
risdiction of the authority providing the
subsidy, the subsidy is specific.
For purposes of this paragraph and paragraph (5B),
any reference to an enterprise or industry is a ref-
erence to a foreign enterprise or foreign industry
and includes a group of such enterprises or indus-
tries.
‘‘(5B) CATEGORIES OF NONCOUNTERVAILABLE
SUBSIDIES.—
‘‘(A) IN
GENERAL.—Notwithstanding the
provisions of paragraphs (5) and (5A), in the
case of merchandise imported from a Subsidies
Agreement country, a subsidy shall be treated
as noncountervailable if the administering au-
thority determines in an investigation under
subtitle A or a review under subtitle C that the
subsidy meets all of the criteria described in
subparagraph (B), (C), or (D), as the case may
be, or the provisions of subparagraph (E)(i)
apply.
‘‘(B) RESEARCH SUBSIDY.—
251
‘‘(i) IN GENERAL.—Except for a sub-
sidy provided on the manufacture, produc-
tion, or export of civil aircraft, a subsidy
for research activities conducted by a per-
son, or by a higher education or research
establishment on a contract basis with a
person, 
shall 
be 
treated 
as
noncountervailable, if the subsidy covers
not more than 75 percent of the costs of
industrial research or not more than 50
percent of the costs of precompetitive de-
velopment activity, and such subsidy is
limited exclusively to—
‘‘(I) the costs of researchers,
technicians, and other supporting
staff employed exclusively in the re-
search activity,
‘‘(II) the costs of instruments,
equipment, land, or buildings that are
used exclusively and permanently (ex-
cept when disposed of on a commer-
cial basis) for the research activity,
‘‘(III) the costs of consultancy
and equivalent services used exclu-
sively for the research activity, includ-
252
ing costs for bought-in research, tech-
nical knowledge, and patents,
‘‘(IV) additional overhead costs
incurred directly as a result of the re-
search activity, and
‘‘(V) other operating costs (such
as materials and supplies) incurred di-
rectly as a result of the research activ-
ity.
‘‘(ii) DEFINITIONS.—For purposes of
this subparagraph—
‘‘(I) INDUSTRIAL
RESEARCH.—
The term ‘industrial research’ means
planned search or critical investiga-
tion aimed at the discovery of new
knowledge, with the objective that
such knowledge may be useful in de-
veloping new products, processes, or
services, or in bringing about a sig-
nificant improvement to existing prod-
ucts, processes, or services.
‘‘(II) PRECOMPETITIVE
DEVEL-
OPMENT
ACTIVITY.—The 
term
‘precompetitive development activity’
means the translation of industrial re-
253
search findings into a plan, blueprint,
or design for new, modified, or im-
proved products, processes, or serv-
ices, whether intended for sale or use,
including the creation of a first proto-
type that would not be capable of
commercial use. The term also may
include the conceptual formulation
and design of products, processes, or
services alternatives and initial dem-
onstration or pilot projects, if these
same projects cannot be converted or
used for industrial application or com-
mercial exploitation. The term does
not include routine or periodic alter-
ations to existing products, production
lines, manufacturing processes, serv-
ices, or other ongoing operations even
if those alterations may represent im-
provements.
‘‘(iii) CALCULATION RULES.—
‘‘(I) IN GENERAL.—In the case
of a research activity that spans both
industrial research and precompetitive
development activity, the allowable
254
level of the noncountervailable subsidy
shall not exceed 62.5 percent of the
costs set forth in subclauses (I), (II),
(III), (IV), and (V) of clause (i).
‘‘(II) TOTAL ELIGIBLE COSTS.—
The 
allowable 
level 
of 
a
noncountervailable subsidy described
in clause (i) shall be based on the
total eligible costs incurred over the
duration of a particular project.
‘‘(C) SUBSIDY
TO
DISADVANTAGED
RE-
GIONS.—
‘‘(i) IN
GENERAL.—A subsidy pro-
vided, pursuant to a general framework of
regional development, to a person located
in a disadvantaged region within a country
shall be treated as noncountervailable, if it
is not specific (within the meaning of para-
graph (5A)) within eligible regions and if
the following conditions are met:
‘‘(I) Each region identified as
disadvantaged within the territory of
a country is a clearly designated, con-
tiguous geographical area with a de-
255
finable economic and administrative
identity.
‘‘(II) Each region is considered a
disadvantaged region on the basis of
neutral and objective criteria indicat-
ing that the region is disadvantaged
because of more than temporary cir-
cumstances, and such criteria are
clearly stated in the relevant statute,
regulation, or other official document
so as to be capable of verification.
‘‘(III) The criteria described in
subclause (II) include a measurement
of economic development.
‘‘(IV) Programs provided within
a general framework of regional devel-
opment include ceilings on the amount
of assistance that can be granted to a
subsidized project. Such ceilings are
differentiated according to the dif-
ferent levels of development of as-
sisted regions, and are expressed in
terms of investment costs or costs of
job creation. Within such ceilings, the
distribution of assistance is suffi-
256
ciently broad and even to avoid the
predominant use of a subsidy by, or
the provision of disproportionately
large amounts of a subsidy to, an en-
terprise or industry as described in
paragraph (5A)(D).
‘‘(ii) MEASUREMENT
OF
ECONOMIC
DEVELOPMENT.—For purposes of clause
(i), the measurement of economic develop-
ment shall be based on one or more of the
following factors:
‘‘(I) Per capita income, house-
hold per capita income, or per capita
gross domestic product that does not
exceed 85 percent of the average for
the country subject to investigation or
review.
‘‘(II) An unemployment rate that
is at least 110 percent of the average
unemployment rate for the country
subject to investigation or review.
The measurement of economic development
shall cover a 3-year period, but may be a
composite measurement and may include
257
factors other than those set forth in this
clause.
‘‘(iii) DEFINITIONS.—For purposes of
this subparagraph—
‘‘(I) GENERAL
FRAMEWORK
OF
REGIONAL DEVELOPMENT.—The term
‘general framework of regional devel-
opment’ means that the regional sub-
sidy programs are part of an inter-
nally consistent and generally applica-
ble regional development policy, and
that regional development subsidies
are not granted in isolated geographi-
cal points having no, or virtually no,
influence on the development of a re-
gion.
‘‘(II) NEUTRAL AND OBJECTIVE
CRITERIA.—The term ‘neutral and ob-
jective criteria’ means criteria that do
not favor certain regions beyond what
is appropriate for the elimination or
reduction of regional disparities within
the framework of the regional develop-
ment policy.
258
‘‘(D) SUBSIDY FOR ADAPTATION OF EXIST-
ING FACILITIES TO NEW ENVIRONMENTAL RE-
QUIREMENTS.—
‘‘(i) IN GENERAL.—A subsidy that is
provided to promote the adaptation of ex-
isting facilities to new environmental re-
quirements that are imposed by statute or
by regulation, and that result in greater
constraints and financial burdens on the
recipient of the subsidy, shall be treated as
noncountervailable, if the subsidy—
‘‘(I) is a one-time nonrecurring
measure,
‘‘(II) is limited to 20 percent of
the cost of adaptation,
‘‘(III) does not cover the cost of
replacing and operating the subsidized
investment, a cost that must be fully
borne by the recipient,
‘‘(IV) is directly linked and pro-
portionate to the recipient’s planned
reduction of nuisances and pollution,
and does not cover any manufacturing
cost savings that may be achieved,
and
259
‘‘(V) is available to all persons
that can adopt the new equipment or
production processes.
‘‘(ii) EXISTING FACILITIES.—For pur-
poses of this subparagraph, the term ‘ex-
isting facilities’ means facilities that have
been in operation for at least 2 years be-
fore the date on which the new environ-
mental requirements are imposed.
‘‘(E) NOTIFIED SUBSIDY PROGRAM.—
‘‘(i) GENERAL RULE.—If a subsidy is
provided pursuant to a program that has
been notified in accordance with Article
8.3 of the Subsidies Agreement, the sub-
sidy shall be treated as noncountervailable
and shall not be subject to investigation or
review under this title.
‘‘(ii) 
EXCEPTION.—Notwithstanding
clause (i), a subsidy shall be treated as
countervailable if—
‘‘(I) the Trade Representative
notifies the administering authority
that a determination has been made
pursuant to Article 8.4 or 8.5 of the
Subsidies Agreement that the subsidy,