Practices and Studies
What is a countervailing bond?
09/05/2024
A "countervailing bond" is a security (cash deposit or bond) equal to the amount of the provisionally calculated amount of subsidy.
Are all subsidies countervailable?
09/05/2024
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.
What are the elements or factors to be considered before a countervailing duty may be imposed?
09/05/2024
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.
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