§ 3572. — Review of Subsidies Agreement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC3572]
TITLE 19--CUSTOMS DUTIES
CHAPTER 22--URUGUAY ROUND TRADE AGREEMENTS
SUBCHAPTER II--ENFORCEMENT OF UNITED STATES RIGHTS UNDER SUBSIDIES
AGREEMENT
Sec. 3572. Review of Subsidies Agreement
(a) General objectives
The general objectives of the United States under this subchapter
are--
(1) to ensure that parts II and III of the Agreement on
Subsidies and Countervailing Measures referred to in section
3511(d)(12) of this title (hereafter in this section referred to as
the ``Subsidies Agreement'') are effective in disciplining the use
of subsidies and in remedying the adverse effects of subsidies, and
(2) to ensure that part IV of the Subsidies Agreement does not
undermine the benefits derived from any other part of that
Agreement.
(b) Specific objective
The specific objective of the United States under this subchapter
shall be to create a mechanism which will provide for an ongoing review
of the operation of part IV of the Subsidies Agreement.
(c) Sunset of noncountervailable subsidies provisions
(1) In general
Subparagraphs (B), (C), (D), and (E) of section 1677(5B) of this
title shall cease to apply as provided in subparagraph (G)(i) of
such section, unless, before the date referred to in such
subparagraph (G)(i)--
(A) the Subsidies Committee determines to extend Articles
6.1, 8, and 9 of the Subsidies Agreement as in effect on the
date on which the Subsidies Agreement enters into force or in a
modified form, in accordance with Article 31 of such Agreement,
(B) the President consults with the Congress in accordance
with paragraph (2), and
(C) an implementing bill is submitted and enacted into law
in accordance with paragraphs (3) and (4).\1\
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\1\ See Codification note below.
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(2) Consultation with Congress before Subsidies Committee
agrees to extend
Before a determination is made by the Subsidies Committee to
extend Articles 6.1, 8, and 9 of the Subsidies Agreement, the
President shall consult with the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the Senate
regarding such extension.
(3) Implementation of extension
(A) Notification and submission
Any extension of subparagraphs (B), (C), (D), and (E) of
section 1677(5B) of this title shall take effect if (and only
if)--
(i) after the Subsidies Committee determines to extend
Articles 6.1, 8, and 9 of the Subsidies Agreement, the
President submits to the committees referred to in paragraph
(2) a copy of the document describing the terms of such
extension, together with--
(I) a draft of an implementing bill,
(II) a statement of any administrative action
proposed to implement the extension, and
(III) the supporting information described in
subparagraph (C); and
(ii) the implementing bill is enacted into law.
(B) Implementing bill
The implementing bill referred to in subparagraph (A) shall
contain only those provisions that are necessary or appropriate
to implement an extension of the provisions of section
1677(5B)(B), (C), (D), and (E) of this title as in effect on the
day before the date of the enactment of the implementing bill or
as modified to reflect the determination of the Subsidies
Committee to extend Articles 6.1, 8, and 9 of the Subsidies
Agreement.
(C) Supporting information
The supporting information required under subparagraph
(A)(i)(III) consists of--
(i) an explanation as to how the implementing bill and
proposed administrative action will change or affect
existing law; and
(ii) a statement regarding--
(I) how the extension serves the interests of United
States commerce, and
(II) why the implementing bill and proposed
administrative action is required or appropriate to
carry out the extension.
(4) Omitted
(5) Report by the Trade Representative
Not later than the date referred to in section 1677(5B)(G)(i) of
this title, the Trade Representative shall submit to the Congress a
report setting forth the provisions of law which were enacted to
implement Articles 6.1, 8, and 9 of the Subsidies Agreement and
should be repealed or modified if such provisions are not extended.
(d) Review of operation of Subsidies Agreement
The Secretary of Commerce, in consultation with other appropriate
departments and agencies of the Federal Government, shall undertake an
ongoing review of the operation of the Subsidies Agreement. The review
shall address--
(1) the effectiveness of part II of the Subsidies Agreement in
disciplining the use of subsidies which are prohibited under Article
3 of the Agreement,
(2) the effectiveness of part III and, in particular, Article
6.1 of the Subsidies Agreement, in remedying the adverse effects of
subsidies which are actionable under the Agreement, and
(3) the extent to which the provisions of part IV of the
Subsidies Agreement may have undermined the benefits derived from
other parts of the Agreement, and, in particular--
(A) the extent to which WTO member countries have cooperated
in reviewing and improving the operation of part IV of the
Subsidies Agreement,
(B) the extent to which the provisions of Articles 8.4 and
8.5 of the Subsidies Agreement have been effective in
identifying and remedying violations of the conditions and
criteria described in Article 8.2 of the Agreement, and
(C) the extent to which the provisions of Article 9 of the
Subsidies Agreement have been effective in remedying the serious
adverse effects of subsidy programs described in Article 8.2 of
the Agreement.
Not later than 4 years and 6 months after December 8, 1994, the
Secretary of Commerce shall submit to the Congress a report on the
review required under this subsection.
(Pub. L. 103-465, title II, Sec. 282, Dec. 8, 1994, 108 Stat. 4927; Pub.
L. 104-295, Sec. 20(b)(16), Oct. 11, 1996, 110 Stat. 3527.)
Codification
Section is comprised of section 282 of Pub. L. 103-465. Subsec.
(c)(4) of section 282 of Pub. L. 103-465 amended section 2191 of this
title.
Amendments
1996--Subsec. (d). Pub. L. 104-295 realigned margins.
Uruguay Round Agreements: Entry Into Force
The Uruguay Round Agreements, including the World Trade Organization
Agreement and agreements annexed to that Agreement, as referred to in
section 3511(d) of this title, entered into force with respect to the
United States on Jan. 1, 1995. See note set out under section 3511 of
this title.
Section Referred to in Other Sections
This section is referred to in sections 1677, 2191 of this title.
