Article 1 Definition of a Subsidy
Article 1 Definition of a Subsidy
Article 1 Definition of a Subsidy
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
<strong>of</strong> a threat <strong>of</strong> material injury, the investigating authorities should consider, inter alia,<br />
such factors as:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
(v)<br />
nature <strong>of</strong> the subsidy or subsidies in question and the trade effects<br />
likely to arise therefrom;<br />
a significant rate <strong>of</strong> increase <strong>of</strong> subsidized imports into the domestic<br />
market indicating the likelihood <strong>of</strong> substantially increased importation;<br />
sufficient freely disposable, or an imminent, substantial increase in,<br />
capacity <strong>of</strong> the exporter indicating the likelihood <strong>of</strong> substantially<br />
increased subsidized exports to the importing Member's market, taking<br />
into account the availability <strong>of</strong> other export markets to absorb any<br />
additional exports;<br />
whether imports are entering at prices that will have a significant<br />
depressing or suppressing effect on domestic prices, and would likely<br />
increase demand for further imports; and<br />
inventories <strong>of</strong> the product being investigated.<br />
No one <strong>of</strong> these factors by itself can necessarily give decisive guidance but the<br />
totality <strong>of</strong> the factors considered must lead to the conclusion that further subsidized<br />
exports are imminent and that, unless protective action is taken, material injury<br />
would occur.<br />
15.8 With respect to cases where injury is threatened by subsidized imports, the<br />
application <strong>of</strong> countervailing measures shall be considered and decided with special<br />
care.<br />
<strong>Article</strong> 16<br />
<strong>Definition</strong> <strong>of</strong> Domestic Industry<br />
16.1 For the purposes <strong>of</strong> this Agreement, the term "domestic industry" shall,<br />
except as provided in paragraph 2, be interpreted as referring to the domestic<br />
producers as a whole <strong>of</strong> the like products or to those <strong>of</strong> them whose collective<br />
output <strong>of</strong> the products constitutes a major proportion <strong>of</strong> the total domestic<br />
production <strong>of</strong> those products, except that when producers are related 48 to the<br />
exporters or importers or are themselves importers <strong>of</strong> the allegedly subsidized<br />
48 For the purpose <strong>of</strong> this paragraph, producers shall be deemed to be related to exporters or importers<br />
only if (a) one <strong>of</strong> them directly or indirectly controls the other; or (b) both <strong>of</strong> them are directly or indirectly<br />
controlled by a third person; or (c) together they directly or indirectly control a third person, provided that there<br />
are grounds for believing or suspecting that the effect <strong>of</strong> the relationship is such as to cause the producer<br />
concerned to behave differently from non-related producers. For the purpose <strong>of</strong> this paragraph, one shall be<br />
deemed to control another when the former is legally or operationally in a position to exercise restraint or<br />
direction over the latter.