108 STAT. 4916 PUBLIC LAW 103-465—DEC. 8, 1994 SEC. 268. UPSTREAM SUBSIDIES. Section 771A(a) (19 U.S.C. 1677-l(a)) is amended— (1) by striking the matter preceding paragraph (1) and paragraph (1) and inserting the following: "(a) DEFINITION.—The term *upstream subsidy* mesins any countervailable subsidy, other than an export subsidy, that— "(1) is paid, or bestowed by an authority (as defined in section 771(5)) with respect to a product (hereafter in this section referred to as an Input product") that is used in the same country as the authority in the manufacture or production of merchandise which is the subject of a countervailing duty proceeding;", and (2) in the flush sentence at the end thereof, by inserting "countervailable" before "subsidy". SEC. 269. SAMPLING AND AVERAGING; DETERMINATION OF COUNTERVAILABLE SUBSIDY RATE. (a) IN GENERAL. —Section 777A (19 U.S.C. 1677f-l), as amended by section 229, is amended by adding at the end the following •new subsection: "(e) DETERMINATION OF COUNTERVAILABLE SUBSIDY RATE. — "(1) GENERAL RULE.— In determining countervailable subsidy rates under section 703(d), 705(c), or 751(a), the administering authority shall determine an individual countervailable subsidy rate for each known exporter or producer of the subject merchandise. "(2) EXCEPTION.—I f the administering authority determines that it is not practicable to determine individual countervailable subsidy rates under paragraph (1) because of the large number of exporters or producers involved in the investigation or review, the administering authority may— "(A) determine individual countervailable subsidy rates for a reasonable number of exporters or producers by limiting its examination to—
- (i) a sample of exporters or producers that the
administering authority determines is statistically vaUd based on the information available to the administering authority at the time of selection, or "(ii) exporters and producers accoiuitiog for the largest vo]i]ume of the subject merchandise from the exporting country that the administering authority determines can be reasonably examined; or "(B) determine a single country-wide subsidy rate to be applied to all exporters and producers. The individual countervailable subsidy rates determined under subparagraph (A) shall be used to determine the all-others rate under section 705(c)(5).". (b) CONFORMING AMENDMENTS.— (1) The heading for section 777A, as amended by section 229, is amended by inserting "AND COUNTERVAILABLE SUBSIDY RATE" after "MARGIN". (2) The table of contents for title VII is amended by inserting "; determination of weighted average dimiping margin and countervailable subsidy rate" after "averaging" in the item relating to section 777A.
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