Agreement On Subsidies And Countervailing Measures Wto

(9) This expression should not allow for disproportionate counter-measures, since the subsidies provided for in those provisions are prohibited. As soon as the companies concerned have given their consent, the investigating authorities should communicate to the authorities of the exporting Member the names and addresses of the companies to be visited and the agreed dates. In the event of a definitive finding of injury (but no risk of injury or material retardation in the establishment of an industry) or, in the event of a definitive finding of injury, the effects of the subsidized imports would have led to the conclusion of injury without provisional measures, countervailing duties may be levied retroactively for the period for which, where appropriate, provisional measures may be taken 1994, 1994 In the case of imports of a countervailing duty on a product, that countervailing duty shall be levied, on a non-discriminatory basis, on imports of that product from all sources which are subject to proven subsidy and cause injury, with the exception of imports from sources which have renounced the subsidies in question or which have accepted undertakings under of this Agreement. Any exporter whose exports are subject to a definitive countervailing duty, but which has not been effectively investigated for reasons other than the refusal of cooperation, shall be entitled to an accelerated review in order for the investigating authorities to establish without delay an individual countervailing duty for that exporter. For the determination of the overall subsidy rate in a given year, grants awarded under different programmes and authorities in the territory of a Member shall be aggregated. The provisions of Part III shall not apply to direct debt cancellation, subsidies to cover social costs in any form, including waiving of government revenues and other transfers of liabilities, where such subsidies are granted and are directly linked in the context of a privatization programme of a developing country, provided that this programme and the grants in question are awarded for a limited period. and the possible privatization programme of the enterprise concerned. . .

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