AMENDMENTS TO TITLE VII OF THE TARIFF ACT OF 1930.

SEC. 283. AMENDMENTS TO TITLE VII OF THE TARIFF ACT OF 1930. (a) Preliminary Determination by Administering Authority.—Section 703(b) of the Tariff Act of 1930 (19 U.S.C. 1671b(b)), as amended, is amended by adding at the end the following new paragraph: “(5) Notification of article 8 violation.—If the only subsidy under investigation is a subsidy with respect to which the administering authority received notice from the Trade Representative of a violation of Article 8 of the Subsidies Agreement, paragraph (1) shall be applied by substituting ‘60 days’ for ‘65 days’.”. (b) Subsidy Practice Discovered During a Proceeding.—Section 775 of the Tariff Act of 1930 (19 U.S.C. 1677d) is amended to read as follows: “SEC. 775. COUNTERVAILABLE SUBSIDY PRACTICES DISCOVERED DURING A PROCEEDING. “If, in the course of a proceeding under this title, the administering authority discovers a practice which appears to be a countervailable subsidy, but was not included in the matters alleged in a countervailing duty petition, or if the administering authority receives notice from the Trade Representative that a subsidy or subsidy program is in violation of Article 8 of the Subsidies Agreement, then the administering authority— “(1) shall include the practice, subsidy, or subsidy program in the proceeding if the practice, subsidy, or subsidy program appears to be a countervailable subsidy with respect to the merchandise which is the subject of the proceeding, or “(2) shall transfer the information (other than confidential information) concerning the practice, subsidy, or subsidy program to the library maintained under section 777(a)(1), if the practice, subsidy, or subsidy program appears to be a countervailable subsidy with respect to any other merchandise.”. (c) Administrative Reviews.—Section 751 of the Tariff Act of 1930 (19 U.S.C. 1675), as amended, is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: “(g) Reviews To Implement Results of Subsidies Enforcement Proceeding.— “(1) Violations of article 8 of the subsidies agreement.—If— “(A) the administering authority receives notice from the Trade Representative of a violation of Article 8 of the Subsidies Agreement, “(B) the administering authority has reason to believe that merchandise subject to an existing countervailing duty order or suspended investigation is benefiting from the subsidy or subsidy program found to have been in violation of Article 8 of the Subsidies Agreement, and “(C) no review pursuant to subsection (a)(1) is in progress, 108 STAT. 4931the administering authority shall conduct a review of the order or suspended investigation to determine whether the subject merchandise benefits from the subsidy or subsidy program found to have been in violation of Article 8 of the Subsidies Agreement If the administering authority determines that the subject merchandise is benefiting from the subsidy or subsidy program, it shall make appropriate adjustments in the estimated duty to be deposited or appropriate revisions to the terms of the suspension agreement. “(2) Withdrawal of subsidy or imposition of counter-measures.—If the Trade Representative notifies the administering authority that, pursuant to Article 4 or Article 7 of the Subsidies Agreement— “(A)(i) the United States has imposed countermeasures, and “(ii) such countermeasures are based on the effects in the United States of imports of merchandise that is the subject of a countervailing duty order, or “(B) a WTO member country has withdrawn a countervailable subsidy provided with respect to merchandise subject to a countervailing duty order, the administering authority shall conduct a review to determine if the amount of the estimated duty to be deposited should be adjusted or the order should be revoked. “(3) Expedited review.—The administering authority shall conduct reviews under this subsection on an expedited basis, and shall publish the results of such reviews in the Federal Register.”.