Agreement on Subsidies and Countervailing Measures. The term ‘‘Agreement on Subsidies and Countervailing Measures’’ means the agree- ment referred to in section 3511(d)(12) of this title.
Agreement on Subsidies and Countervailing Measures. (SCM Agreement)
1. As the text of Article 15 of the SCM Agreement parallels the text of Article 3 of the Anti- Dumping Agreement, see also the Section on that Article of the SCM Agreement.
Agreement on Subsidies and Countervailing Measures. 3.1 Except as provided in the Agreement on Agriculture, the following subsidies, within the meaning of Article 1, shall be prohibited: [...] (c) subsidies referred to in Article I of Annex VIII. [...] 9This expression is not meant to allow countermeasures that are disproportionate in light of the fact that the subsidies dealt with under these provisions are prohibited. It is recognized that in a case of violation of the prohibition in Article 3.1(c) and Article I of Xxxxx XXXX, countermeasures may take the form of suspension of access of fishing or service vessels to port facilities for landing, transhipping or processing fish. 10This expression is not meant to allow countermeasures that are disproportionate in light of the fact that the subsidies dealt with under these provisions are prohibited. It is recognized that in a case of violation of the prohibition in Article 3.1(c) and Article I of Xxxxx XXXX, countermeasures may take the form of suspension of access of fishing or service vessels to port facilities for landing, transhipping or processing fish. [...] ANNEX VIII I.1 Except as provided for in Articles II and III, or in the exceptional case of natural disaster relief77, the following subsidies within the meaning of paragraph 1 With regard to the scope of the prohibition in general, some delegations consider that the Chairman's text is far too ambitious, while for other delegations the text falls considerably short of their expectations. Certain delegations view the list of proposed prohibitions as far too broad. In their view, it encompasses certain types of subsidies that do not directly contribute to overcapacity and overfishing, in particular where the subsidising Member has sound fisheries management measures in place. Concerns expressed in this regard include that in the view of some delegations even certain environmentally-beneficial subsidies that either help to reduce, or have no impact on, capacity would be covered by the prohibition. Some delegations consider that even subsidies to vessel construction and repair can be allowed under certain conditions that would prevent the development of overcapacity. Other delegations continue to prefer a top-down (broad ban) approach, rather than the bottom-up approach in the draft text, but have indicated that they can accept the latter approach so long as the ultimate scope of the prohibition is sufficiently broad. In this regard, some of these delegations consider that the scope of the proposed proh...
Agreement on Subsidies and Countervailing Measures. No Party shall use a methodology based on surrogate value of a third country or region for the purpose of determining normal value when calculating dumping margin in an anti-dumping investigation.
