§3571 Subsidies enforcement

Summary

Requires the administering authority to help the public and interested parties by giving information and advice about remedies and procedures under the Subsidies Agreement. If the administering authority finds that imported goods get a prohibited subsidy (Article 3), or an actionable subsidy (Article 6.1), or that a notified subsidy program fails to meet Article 8 rules, it must tell the United States Trade Representative and share the facts behind the finding. Interested parties can ask the administering authority to look into suspected prohibited, actionable, or Article 8 problems and must provide supporting information. The Trade Representative then decides quickly, and unless the interested party objects, whether to start an investigation under the Trade Act. For claims of serious adverse effects from a program covered by Article 8.2, the administering authority must decide within 90 days whether there is reason to believe such effects exist and notify the Trade Representative with evidence. The Trade Representative must then decide within 30 days whether serious adverse effects likely exist. If so, the Trade Representative will seek consultations under Article 9.2; if consultations don’t solve the problem within 60 days, the Trade Representative will refer the matter to the Subsidies Committee. If the Committee cannot act because a country blocks consensus, or does not report back within 120 days, or if a country fails to follow a Committee recommendation within 6 months, the Trade Representative will decide what action to take under the Trade Act. The Trade Representative must give Congress copies of Article 8.3 or 8.4 reports, the administering authority must publish summary notices in the Federal Register, and both must consult with Congress and private-sector groups. Not later than February 1 of each year beginning in 1996, they must send Congress a joint report on major trading partners’ subsidy practices and on monitoring and enforcement actions. All federal agencies must cooperate and share records when asked. The administering authority may give the Trade Representative proprietary information, and the Trade Representative must protect it from public release. Defined terms (one line each): adverse effects — meaning from Articles 5(a) and 5(c); administering authority — the agency named in the Tariff Act; Commission — the U.S. International Trade Commission; interested party — parties listed in the Tariff Act; nonactionable subsidy — the type described in Article 8.1(b); notified subsidy program — a program notified under Article 8.3; serious adverse effects — meaning from Article 9.1; Subsidies Agreement — the Agreement on Subsidies and Countervailing Measures; Subsidies Committee — the committee from Article 24 of that Agreement; subsidy — the meaning in Article 1 of the Agreement; Trade Representative — the United States Trade Representative; violation of Article 8 — a notified program or subsidy that fails to meet Article 8.2 conditions.