IMPOSITION OF COUNTERVAILING DUTIES.

SEC. 262. IMPOSITION OF COUNTERVAILING DUTIES. Section 701 (a), (b), and (c) (19 U.S.C. 1671 (a), (b), and (c)) are amended to read as follows: “(a) General Rule.—If— “(1) the administering authority determines that the government of a country or any public entity within the territory of a country is providing, directly or indirectly, a countervailable subsidy with respect to the manufacture, production, or export of a class or kind of merchandise imported, or sold (or likely to be sold) for importation, into the United States, and “(2) in the case of merchandise imported from a Subsidies Agreement country, the Commission determines that— “(A) an industry in the United States— “(i) is materially injured, or “(ii) is threatened with material injury, or “(B) the establishment of an industry in the United States is materially retarded, by reason of imports of that merchandise or by reason of sales (or the likelihood of sales) of that merchandise for importation, then there shall be imposed upon such merchandise a countervailing duty, in addition to any other duty imposed, equal to the amount of the net countervailable subsidy. For purposes of this subsection and section 705(b)(1), a reference to the sale of merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise. “(b) Subsidies Agreement Country—For purposes of this title, the term ‘Subsidies Agreement country’ means— “(1) a WTO member country, “(2) a country which the President has determined has assumed obligations with respect to the United States which are substantially equivalent to the obligations under the Subsidies Agreement, or “(3) a country with respect to which the President determines that— “(A) there is an agreement in effect between the United States and that country which— “(i) was in force on the date of the enactment of the Uruguay Round Agreements Act, and 108 STAT. 4911 “(ii) requires unconditional most-favored-nation treatment with respect to articles imported into the United States, and “(B) the agreement described in subparagraph (A) does not expressly permit— “(i) actions required or permitted by the GATT 1947 or GATT 1994, as defined in section 2(1) of the Uruguay Round Agreements Act, or required by the Congress, or “(ii) nondiscriminatory prohibitions or restrictions on importation which are designed to prevent deceptive or unfair practices. “(c) Countervailing Duty Investigations Involving Imports Not Entitled to a Material Injury Determination.—In the case of any article or merchandise imported from a country which is not a Subsidies Agreement country— “(1) no determination by the Commission under section 703(a), 704, or 705(b) shall be required, “(2) an investigation may not be suspended under section 704(c) or 704(1), “(3) no determination as to the presence of critical circumstances shall be made under section 703(e) or 705(a)(2), “(4) section 706(c) shall not apply, “(5) any reference to a determination described in paragraph (1) or (3), or to the suspension of an investigation under section 704(c) or 704(1), shall be disregarded, and “(6) section 751(c) shall not apply.”.