ACTIONABLE DOMESTIC SUBSIDIES.

SEC. 1312. ACTIONABLE DOMESTIC SUBSIDIES. Paragraph (5) of section 771 (19 U.S.C. 1677(5)) is amended to read as follows: “(5) Subsidy.— “(A) In general.— The term ‘subsidy’ has the same meaning as the term ‘bounty or grant’ as that term is used in section 303, and includes, but is not limited to, the following: “(i) Any export subsidy described in Annex A to the Agreement (relating to illustrative list of export subsidies). “(ii) The following domestic subsidies, if provided or required by government action to a specific enterprise or industry, or group of enterprises or industries, whether publicly or privately owned and whether paid or bestowed directly or indirectly on the manufacture, production, or export of any class or kind of merchandise: “(I) The provision of capital, loans, or loan guarantees on terms inconsistent with commercial considerations. “(II) The provision of goods or services at preferential rates. 102 STAT. 1185 “(III) The grant of funds or forgiveness of debt to cover operating losses sustained by a specific industry. “(IV) The assumption of any costs or expenses of manufacture, production, or distribution. “(B) Special rule.— In applying subparagraph (A), the administering authority, in each investigation, shall determine whether the bounty, grant, or subsidy in law or in fact is provided to a specific enterprise or industry, or group of enterprises or industries. Nominal general availability, under the terms of the law, regulation, program, or rule establishing a bounty, grant, or subsidy, of the benefits thereunder is not a basis for determining that the bounty, grant, or subsidy is not, or has not been, in fact provided to a specific enterprise or industry, or group thereof.”.