Practices and Studies

A "countervailing bond" is a security (cash deposit or bond) equal to the amount of the provisionally calculated amount of subsidy.

Not all subsidies are countervailable/actionable. Subsidy, in order to be countervailable, must be "specific;" i.e., explicitly limited to:

"Non-actionable subsidies" or "green subsidies" "Non-actionable subsidies" or "green subsidies" are those which are permitted as they are of a general nature, i.e., applied across-the-board to all industries and not limited to a specific industry or enterprise or group of enterprises or industries. Subsidy, under this category, cannot be subjected to either countervailing measures or other disciplines under the Agreement.

There are four (4) elements or factors which must be considered before a countervailing duty may be imposed, namely:

A countervailing protest may cover any product which is granted, directly or indirectly, by the government in the country of export or origin, any kind or form of specific subsidy upon the exportation or manufacture of such product, and the importation of such subsidized product is causing or threatening to cause material injury  to a domestic industry, or is materially retarding the growth, or preventing the establishment of, a domestic industry.

Yes, the following importations or consignments shall not be subject to countervailing duty protests:

A petition may be filed by or on behalf of the domestic industry in writing and should be embodied in a notarized form.

The petition shall be immediately rejected and the investigation terminated in the situations described below:

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