DETERMINATION OF COUNTERVAILABLE SUBSIDY RATE.

SEC. 264. DETERMINATION OF COUNTERVAILABLE SUBSIDY RATE. (a) Preliminary Determination.—Section 703(d) (19 U.S.C. 1673b(d)) is amended— (1) by striking paragraph (2); (2) by redesignating paragraph (1), as amended by section 215(a)(1), as paragraph (2); (3) by inserting “and” at the end of paragraph (2), as so redesignated; and (4) by inserting before such paragraph (2) the following new paragraph: “(1)(A) shall— “(i) determine an estimated individual countervailable subsidy rate for each exporter and producer individually investigated, and, in accordance with section 705(c)(5), an estimated all-others rate for all exporters and producers not individually investigated and for new exporters and producers within the meaning of section 751(a)(2)(B), or “(ii) if section 777A(e)(2)(B) applies, determine a single estimated country-wide subsidy rate, applicable to all exporters and producers, and “(B) shall order the posting of a cash deposit, bond, or other security, as the administering authority deems appropriate, for each entry of the subject merchandise in an amount based on the estimated individual countervailable subsidy rate, the estimated all-others rate, or the estimated country-wide subsidy rate, whichever is applicable,”. 108 STAT. 4913 (b) Final Determination.— (1) In general—Section 705(c)(l) (19 U.S.C. 1671d(c)(l)) is amended— (A) in subparagraph (B)— (i) by redesignating such subparagraph as subparagraph (C); and (ii) by striking “under paragraphs (1) and (2)” and all that follows through “security” and inserting “the suspension of liquidation under paragraph (2) of section 703(d)”; (B) by striking “and” at the end of subparagraph (A); and (C) by inserting after subparagraph (A) the following new subparagraph: “(B)(i) the administering authority shall— “(I) determine an estimated individual countervailable subsidy rate for each exporter and producer individually investigated, and, in accordance with paragraph (5), an estimated all-others rate for all exporters and producers not individually investigated and for new exporters and producers within the meaning of section 751(a)(2)(B), or “(II) if 777A(e)(2)(B) applies, determine a single estimated country-wide subsidy rate, applicable to all exporters and producers, “(ii) shall order the posting of a cash deposit, bond, or other security, as the administering authority deems appropriate, for each entry of the subject merchandise in an amount based on the estimated individual countervailable subsidy rate, the estimated all-others rate, or the estimated country-wide subsidy rate, whichever is applicable, and”. (2) Method for determining countervailable subsidy rate.—Section 705(c) (19 U.S.C. 1671d(c)) is amended by adding at the end the following new paragraph: “(5) Method for determining the all-others rate and the country-wide subsidy rate.— “(A) All-others rate.— “(i) General rule.—For purposes of this subsection and section 703(d), the all-others rate shall be an amount equal to the weighted average countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under section 776. “(ii) Exception.—If the countervailable subsidy rates established for all exporters and producers individually investigated are zero or de minimis rates, or are determined entirely under section 776, the administering authority may use any reasonable method to establish an all-others rate for exporters and producers not individually investigated, including averaging the weighted average countervailable subsidy rates determined for the exporters and producers individually investigated. “(B) Country-wide subsidy rate.—The administering authority may calculate a single country-wide subsidy rate, 108 STAT. 4914applicable to all exporters and producers, if the administering authority limits its examination pursuant to section 777A(e)(2)(B). The estimated country-wide rate determined under section 703(d)(1)(A)(ii) or paragraph (1)(B)(i)(II) of this subsection shall be based on industry-wide data regarding the use of subsidies determined to be countervailable.”. (c) Technical and Conforming Amendments.— (1) Section 703(b)(2) is amended— (A) by striking “subsection (b)(1)” and inserting “paragraph (1)”, (B) by striking “subsection 702(b)(3)” and inserting “section 702(b)(3)”, (C) by striking “subsection 703(b)(1)” and inserting “paragraph (1)”, and (D) by striking “section 703(c)” and inserting “subsection (c) of this section”. (2) Section 703(e)(2) is amended by striking “subsection (d)(1)” and inserting “subsection (d)(2)”. (3) Section 704(f)(2)(A) is amended— (A) in clause (i), by striking “section 703(d)(1)” and inserting “section 703(d)(2)”; and (B) in clause (iii), by striking “section 703(d)(1)” and inserting “section 703(d)(l)(B)”. (4) Section 704(f)(2)(B) is amended— (A) by striking “section 703(d)(1)” and inserting “section 703(d)(2)”; and (B) by striking “section 703(d)(2)” and inserting “section 703(d)(l)(B)”. (5) Section 704(h)(3) is amended— (A) in subparagraph (A), by striking “section 703(d)(l)” and inserting ‘’section 703(d)(2)”; and (B) in subparagraph (B), by striking “section 703(d)(2)” and inserting ‘’section 703(d)(l)(B)”. (6) Section 704(i)(l)(A) is amended by striking “section 703(d)(1)” and inserting “section 703(d)(2)”. (7) Section 705(c)(2) is amended— (A) in subparagraph (A), by striking “section 703(d)(1)” and inserting “section 703(d)(2)”, and (B) in subparagraph (B), by striking “section 703(d)(2)” and inserting “section 703(d)(l)(B)”. (8) Section 705(c)(3)(B) is amended by striking “section 703(d)(2)” and inserting “section 703(d))(l)(B).” (9) Section 706(b)(1) is amended by striking “section 703(d)(1)” each place it appears and inserting “section 703(d)(2)”. (10) Section 707(a) is amended— (A) by striking “section 703(d)(2)” and inserting “section 703(d)(l)(B)”, and (B) by striking “Section 703(d)(2)” in the heading and inserting “Section 703(d)(l)(B)”. (11) Section 708 is amended by striking “section 703(d)(2)” and inserting “section 703(d)(l)(B)”.