DE MINIMIS COUNTERVAILABLE SUBSIDY.

SEC. 263. DE MINIMIS COUNTERVAILABLE SUBSIDY. (a) Preliminary Determinations.—Section 703(b) (19 U.S.C. 1671b(b)) is amended by adding at the end the following new paragraph: “(4) De minimis countervailable subsidy.— “(A) General rule.—In making a determination under this subsection, the administering authority shall disregard any de minimis countervailable subsidy. For purposes of the preceding sentence, a countervailable subsidy is de minimis if the administering authority determines that the aggregate of the net countervailable subsidies is less than 1 percent ad valorem or the equivalent specific rate for the subject merchandise. “(B) Exception for developing countries.—In the case of subject merchandise imported from a Subsidies Agreement country (other than a country to which subparagraph (C) applies) designated by the Trade Representative as a developing country in accordance with section 771(36), a countervailable subsidy is de minimis if the administering authority determines that the aggregate of the net countervailable subsidies does not exceed 2 percent ad valorem or the equivalent specific rate for the subject merchandise. “(C) Certain other developing countries.—In the case of subject merchandise imported from a Subsidies Agreement country that is— “(i) a least developed country, as determined by the Trade Representative in accordance with section 771(36), or 108 STAT. 4912 “(ii) a developing country with respect to which the Trade Representative has notified the administering authority that the county has eliminated its export subsidies on an expedited basis within the meaning of Article 27.11 of the Subsidies Agreement, subparagraph (B) shall be applied by substituting ‘3 percent’ for ‘2 percent’. “(D) Limitations on application of subparagraph (C).— “(i) In general.—In the case of a country described in subparagraph (C)(i), the provisions of subparagraph (C) shall not apply after the date that is 8 years after the date the WTO Agreement enters into force. “(ii) Special rule for subparagraph (C)(ii) countries.—In the case of a country described in subparagraph (C)(ii), the provisions of subparagraph (C) shall not apply after the earlier of— “(I) the date that is 8 years after the date the WTO Agreement enters into force, or “(II) the date on which the Trade Representative notifies the administering authority that such country is providing an export subsidy.”. (b) Final Determinations.—Section 705(a) (19 U.S.C. 1671d(a)) is amended by adding at the end the following new paragraph: “(3) De minimis countervailable subsidy.—In making a determination under this subsection, the administering authority shall disregard any countervailable subsidy that is de minimis as defined in section 703(b)(4).”.