---
kind: "section"
citation: "19 U.S.C. § 3571"
title: "19"
title_heading: "Customs Duties"
number: "3571"
heading: "Subsidies enforcement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/3571"
units:
  - "Chapter 22 — Uruguay Round Trade Agreements"
  - "Subchapter II — Enforcement of United States Rights under Subsidies Agreement"
---

# §3571. Subsidies enforcement

- (a) **Assistance regarding multilateral subsidy remedies—** The [administering authority](/usc/19/3531.md?p=1) shall provide information to the public upon request, and, to the extent feasible, assistance and advice to [interested parties](/usc/19/1677.md?p=9) concerning—
  - (1) remedies and benefits available under relevant provisions of the [Subsidies Agreement](/usc/19/1677.md?p=8-A), and
  - (2) the procedures relating to such remedies and benefits.
- (b) **Prohibited subsidies—**
  - (1) **Notification of Trade Representative—** If the [administering authority](/usc/19/3531.md?p=1) determines pursuant to title VII of the Tariff Act of 1930 [[19 U.S.C. 1671](/usc/19/1671.md) et seq.] that a class or kind of merchandise is benefiting from a subsidy which is prohibited under Article 3 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A), the [administering authority](/usc/19/3531.md?p=1) shall notify the [Trade Representative](/usc/19/3501.md?p=6) and shall provide the [Trade Representative](/usc/19/3501.md?p=6) with the information upon which the [administering authority](/usc/19/3531.md?p=1) based its determination.
  - (2) **Request by interested party regarding prohibited subsidy—** An [interested party](/usc/19/1677.md?p=9) may request that the [administering authority](/usc/19/3531.md?p=1) determine if there is reason to believe that merchandise produced in a [WTO member country](/usc/19/3501.md?p=10) is benefiting from a subsidy which is prohibited under Article 3 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A). The request shall contain such information as the [administering authority](/usc/19/3531.md?p=1) may require to support the allegations contained in the request. If the [administering authority](/usc/19/3531.md?p=1), after analyzing the request and other information reasonably available to the [administering authority](/usc/19/3531.md?p=1), determines that there is reason to believe that such merchandise is benefiting from a subsidy which is prohibited under Article 3 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A), the [administering authority](/usc/19/3531.md?p=1) shall so notify the [Trade Representative](/usc/19/3501.md?p=6), and shall include supporting information with the notification.
- (c) **Subsidies actionable under Agreement—**
  - (1) **In general—** If the [administering authority](/usc/19/3531.md?p=1) determines pursuant to title VII of the Tariff Act of 1930 [[19 U.S.C. 1671](/usc/19/1671.md) et seq.] that a class or kind of merchandise is benefiting from a subsidy described in Article 6.1 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A), the [administering authority](/usc/19/3531.md?p=1) shall notify the [Trade Representative](/usc/19/3501.md?p=6), and shall provide the [Trade Representative](/usc/19/3501.md?p=6) with the information upon which the [administering authority](/usc/19/3531.md?p=1) based its determination.
  - (2) **Request by interested party regarding adverse effects—** An [interested party](/usc/19/1677.md?p=9) may request the [administering authority](/usc/19/3531.md?p=1) to determine if there is reason to believe that a subsidy which is actionable under the [Subsidies Agreement](/usc/19/1677.md?p=8-A) is causing adverse effects. The request shall contain such information as the [administering authority](/usc/19/3531.md?p=1) may require to support the allegations contained in the request. At the request of the [administering authority](/usc/19/3531.md?p=1), the [Commission](/usc/19/1677.md?p=2) shall assist the [administering authority](/usc/19/3531.md?p=1) in analyzing the information pertaining to the existence of such adverse effects. If the [administering authority](/usc/19/3531.md?p=1), after analyzing the request and other information reasonably available to the [administering authority](/usc/19/3531.md?p=1), determines that there is reason to believe that a subsidy which is actionable under the [Subsidies Agreement](/usc/19/1677.md?p=8-A) is causing adverse effects, the [administering authority](/usc/19/3531.md?p=1) shall so notify the [Trade Representative](/usc/19/3501.md?p=6), and shall include supporting information with the notification.
- (d) **Initiation of section 2411 investigation—** On the basis of the notification and information provided by the [administering authority](/usc/19/3531.md?p=1) pursuant to subsection [(b)](#b) or [(c)](#c), such other information as the [Trade Representative](/usc/19/3501.md?p=6) may have or obtain, and where applicable, after consultation with an [interested party](/usc/19/1677.md?p=9) referred to in subsection [(b)(2)](#b-2) or [(c)(2)](#c-2), the [Trade Representative](/usc/19/3501.md?p=6) shall, unless such [interested party](/usc/19/1677.md?p=9) objects, determine as expeditiously as possible, in accordance with the procedures in section 302(b)(1) of the Trade Act of 1974 ([19 U.S.C. 2412(b)(1)](/usc/19/2412.md?p=b-1)), whether to initiate an investigation pursuant to title III of that Act ([19 U.S.C. 2411](/usc/19/2411.md) et seq.). At the request of the [Trade Representative](/usc/19/3501.md?p=6), the [administering authority](/usc/19/3531.md?p=1) and the [Commission](/usc/19/1677.md?p=2) shall assist the [Trade Representative](/usc/19/3501.md?p=6) in an investigation initiated pursuant to this subsection.
- (e) **Nonactionable subsidies—**
  - (1) **Compliance with Article 8 of the Subsidies Agreement—**
    - (A) **Monitoring—** In order to monitor whether a subsidy meets the conditions and criteria described in Article 8.2 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A) and is nonactionable, the [Trade Representative](/usc/19/3501.md?p=6) shall provide the [administering authority](/usc/19/3531.md?p=1) on a timely basis with any information submitted or report made pursuant to Article 8.3 or 8.4 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A) regarding a notified subsidy program. The [administering authority](/usc/19/3531.md?p=1) shall review such information and reports, and where appropriate, shall recommend to the [Trade Representative](/usc/19/3501.md?p=6) that the [Trade Representative](/usc/19/3501.md?p=6) seek pursuant to Article 8.3 or 8.4 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A) additional information regarding the notified subsidy program or a subsidy granted pursuant to the notified subsidy program. If the [administering authority](/usc/19/3531.md?p=1) has reason to believe that a violation of Article 8 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A) exists, the [administering authority](/usc/19/3531.md?p=1) shall so notify the [Trade Representative](/usc/19/3501.md?p=6), and shall include supporting information with the notification.
    - (B) **Request by interested party regarding violation of Article 8—** An [interested party](/usc/19/1677.md?p=9) may request the [administering authority](/usc/19/3531.md?p=1) to determine if there is reason to believe that a violation of Article 8 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A) exists. The request shall contain such information as the [administering authority](/usc/19/3531.md?p=1) may require to support the allegations contained in the request. If the [administering authority](/usc/19/3531.md?p=1), after analyzing the request and other information reasonably available to the [administering authority](/usc/19/3531.md?p=1), determines that additional information is needed, the [administering authority](/usc/19/3531.md?p=1) shall recommend to the [Trade Representative](/usc/19/3501.md?p=6) that the [Trade Representative](/usc/19/3501.md?p=6) seek, pursuant to Article 8.3 or 8.4 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A), additional information regarding the particular notified subsidy program or a subsidy granted pursuant to the notified subsidy program. If the [administering authority](/usc/19/3531.md?p=1) determines that there is reason to believe that a violation of Article 8 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A) exists, the [administering authority](/usc/19/3531.md?p=1) shall so notify the [Trade Representative](/usc/19/3501.md?p=6), and shall include supporting information with the notification.
    - (C) **Action by Trade Representative—**
      - (i) If the [Trade Representative](/usc/19/3501.md?p=6), on the basis of the notification and information provided by the [administering authority](/usc/19/3531.md?p=1) pursuant to subparagraph [(A)](#e-1-A) or [(B)](#e-1-B), and such other information as the [Trade Representative](/usc/19/3501.md?p=6) may have or obtain, and after consulting with the [interested party](/usc/19/1677.md?p=9) referred to in [subparagraph (B)](#e-1-B) and appropriate domestic [industries](/usc/19/1677.md?p=4-A), determines that there is reason to believe that a violation of Article 8 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A) exists, the [Trade Representative](/usc/19/3501.md?p=6) shall invoke the procedures of Article 8.4 or 8.5 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A).
      - (ii) For purposes of [clause (i)](#e-1-C-i), the [Trade Representative](/usc/19/3501.md?p=6) shall determine that there is reason to believe that a violation of Article 8 exists in any case in which the [Trade Representative](/usc/19/3501.md?p=6) determines that a notified subsidy program or a subsidy granted pursuant to a notified subsidy program does not satisfy the conditions and criteria required for a nonactionable subsidy program under this Act, the [Subsidies Agreement](/usc/19/1677.md?p=8-A), and the statement of administrative action approved under [section 3511(a) of this title](/usc/19/3511.md?p=a).
    - (D) **Notification of administering authority—** The [Trade Representative](/usc/19/3501.md?p=6) shall notify the [administering authority](/usc/19/3531.md?p=1) whenever a violation of Article 8 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A) has been found to exist pursuant to Article 8.4 or 8.5 of that Agreement.
  - (2) **Serious adverse effects—**
    - (A) **Request by interested party—** An [interested party](/usc/19/1677.md?p=9) may request the [administering authority](/usc/19/3531.md?p=1) to determine if there is reason to believe that serious adverse effects resulting from a program referred to in Article 8.2 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A) exist. The request shall contain such information as the [administering authority](/usc/19/3531.md?p=1) may require to support the allegations contained in the request.
    - (B) **Action by administering authority—** Within 90 days after receipt of the request described in [subparagraph (A)](#e-2-A), the [administering authority](/usc/19/3531.md?p=1), after analyzing the request and other information reasonably available to the [administering authority](/usc/19/3531.md?p=1), shall determine if there is reason to believe that serious adverse effects resulting from a program referred to in Article 8.2 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A) exist. If the determination of the [administering authority](/usc/19/3531.md?p=1) is affirmative, it shall so notify the [Trade Representative](/usc/19/3501.md?p=6) and shall include supporting information with the notification. The [Commission](/usc/19/1677.md?p=2) shall assist the [administering authority](/usc/19/3531.md?p=1) in analyzing the information pertaining to the existence of such serious adverse effects if the [administering authority](/usc/19/3531.md?p=1) requests the [Commission](/usc/19/1677.md?p=2)’s assistance. If the subsidy program that is alleged to result in serious adverse effects has been the subject of a countervailing duty investigation or review under subtitle A or C of title VII of the Tariff Act of 1930 [[19 U.S.C. 1671](/usc/19/1671.md) et seq., 1675 et seq.], the [administering authority](/usc/19/3531.md?p=1) shall take into account the determinations made by the [administering authority](/usc/19/3531.md?p=1) and the [Commission](/usc/19/1677.md?p=2) in such investigation or review and the [administering authority](/usc/19/3531.md?p=1) shall complete its analysis as expeditiously as possible.
    - (C) **Action by Trade Representative—** The [Trade Representative](/usc/19/3501.md?p=6), on the basis of the notification and information provided by the [administering authority](/usc/19/3531.md?p=1) pursuant to [subparagraph (B)](#e-2-B), and such other information as the [Trade Representative](/usc/19/3501.md?p=6) may have or obtain, shall determine as expeditiously as possible, but not later than 30 days after receipt of the notification provided by the [administering authority](/usc/19/3531.md?p=1), if there is reason to believe that serious adverse effects exist resulting from the subsidy program which is the subject of the [administering authority](/usc/19/3531.md?p=1)’s notification. The [Trade Representative](/usc/19/3501.md?p=6) shall make an affirmative determination regarding the existence of such serious adverse effects unless the [Trade Representative](/usc/19/3501.md?p=6) finds that the notification of the [administering authority](/usc/19/3531.md?p=1) is not supported by the facts.
    - (D) **Consultations—** If the [Trade Representative](/usc/19/3501.md?p=6) determines that there is reason to believe that serious adverse effects resulting from the subsidy program exist, the [Trade Representative](/usc/19/3501.md?p=6), unless the [interested party](/usc/19/1677.md?p=9) referred to in [subparagraph (A)](#e-2-A) objects, shall invoke the procedures of Article 9 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A), and shall request consultations pursuant to Article 9.2 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A) with respect to such serious adverse effects. If such consultations have not resulted in a mutually acceptable solution within 60 days after the request is made for such consultations, the [Trade Representative](/usc/19/3501.md?p=6) shall refer the matter to the Subsidies Committee pursuant to Article 9.3 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A).
    - (E) **Determination by Subsidies Committee—** If the [Trade Representative](/usc/19/3501.md?p=6) determines that—
      - (i) the Subsidies Committee has been prevented from making an affirmative determination regarding the existence of serious adverse effects under Article 9 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A) by reason of the refusal of the [WTO member country](/usc/19/3501.md?p=10) with respect to which the consultations have been invoked to join in an affirmative consensus—
        - (I) that such serious adverse effects exist, or
        - (II) regarding a recommendation to such [WTO member country](/usc/19/3501.md?p=10) to modify the subsidy program in such a way as to remove the serious adverse effects, or
      - (ii) the Subsidies Committee has not presented its conclusions regarding the existence of such serious adverse effects within 120 days after the date the matter was referred to it, as required by Article 9.4 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A),

      the [Trade Representative](/usc/19/3501.md?p=6) shall, within 30 days after such determination, make a determination under section 304(a)(1) of the Trade Act of 1974 ([19 U.S.C. 2414(a)(1)](/usc/19/2414.md?p=a-1)) regarding what action to take under section 301(a)(1)(A) of that Act [[19 U.S.C. 2411(a)(1)(A)](/usc/19/2411.md?p=a-1-A)].

    - (F) **Noncompliance with Committee recommendation—** In the event that the Subsidies Committee makes a recommendation under Article 9.4 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A) and the [WTO member country](/usc/19/3501.md?p=10) with respect to which such recommendation is made does not comply with such recommendation within 6 months after the date of the recommendation, the [Trade Representative](/usc/19/3501.md?p=6) shall make a determination under section 304(a)(1) of the Trade Act of 1974 ([19 U.S.C. 2414(a)(1)](/usc/19/2414.md?p=a-1)) regarding what action to take under section 301(a) of that Act [[19 U.S.C. 2411(a)](/usc/19/2411.md?p=a)].
- (f) **Notification, consultation, and publication—**
  - (1) **Notification of Congress—** The [Trade Representative](/usc/19/3501.md?p=6) shall submit promptly to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and other appropriate committees of the Congress any information submitted or report made pursuant to Article 8.3 or 8.4 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A) regarding a notified subsidy program.
  - (2) **Publication in the Federal Register—** The [administering authority](/usc/19/3531.md?p=1) shall publish regularly in the Federal Register a summary notice of any information submitted or report made pursuant to Article 8.3 or 8.4 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A) regarding notified subsidy programs.
  - (3) **Consultations with Congress and private sector—** The [Trade Representative](/usc/19/3501.md?p=6) and the [administering authority](/usc/19/3531.md?p=1) promptly shall consult with the committees referred to in [paragraph (1)](#f-1), and with interested representatives of the private sector, regarding all information submitted or reports made pursuant to Article 8.3 or 8.4 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A) regarding a notified subsidy program.
  - (4) **Annual report—** Not later than February 1 of each year beginning in 1996, the [Trade Representative](/usc/19/3501.md?p=6) and the [administering authority](/usc/19/3531.md?p=1) shall issue a joint report to the Congress detailing—
    - (A) the subsidies practices of major trading partners of the [United States](/usc/19/1683.md?p=9), including subsidies that are prohibited, are causing serious prejudice, or are nonactionable, under the [Subsidies Agreement](/usc/19/1677.md?p=8-A), and
    - (B) the monitoring and enforcement activities of the [Trade Representative](/usc/19/3501.md?p=6) and the [administering authority](/usc/19/3531.md?p=1) during the preceding calendar year which relate to subsidies practices.
- (g) **Cooperation of other agencies—** All agencies, departments, and independent agencies of the Federal Government shall cooperate fully with one another in carrying out the provisions of this section, and, upon the request of the [administering authority](/usc/19/3531.md?p=1), shall furnish to the [administering authority](/usc/19/3531.md?p=1) all records, papers, and information in their possession which relate to the requirements of this section.
- (h) **Definitions—** For purposes of this section:
  - (1) **Adverse effects—** The term “adverse effects” has the meaning given that term in Articles 5(a) and 5(c) of the [Subsidies Agreement](/usc/19/1677.md?p=8-A).
  - (2) **Administering authority—** The term “[administering authority](/usc/19/3531.md?p=1)” has the meaning given that term in section 771(1) of the Tariff Act of 1930 ([19 U.S.C. 1677(1)](/usc/19/1677.md?p=1)).
  - (3) **Commission—** The term “[Commission](/usc/19/1677.md?p=2)” means the [United States](/usc/19/1683.md?p=9) [International Trade Commission](/usc/19/3501.md?p=3).
  - (4) **Interested party—** The term “[interested party](/usc/19/1677.md?p=9)” means a party described in subparagraph (C), (D), (E), (F), or (G) of section 771(9) of the Tariff Act of 1930 ([19 U.S.C. 1677(9)(C)](/usc/19/1677.md?p=9-C), (D), (E), (F), or (G)).
  - (5) **Nonactionable subsidy—** The term “nonactionable subsidy” means a subsidy described in Article 8.1(b) of the [Subsidies Agreement](/usc/19/1677.md?p=8-A).
  - (6) **Notified subsidy program—** The term “notified subsidy program” means a subsidy program which has been notified pursuant to Article 8.3 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A).
  - (7) **Serious adverse effects—** The term “serious adverse effects” has the meaning given that term in Article 9.1 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A).
  - (8) **Subsidies Agreement—** The term “[Subsidies Agreement](/usc/19/1677.md?p=8-A)” means the [Agreement on Subsidies and Countervailing Measures](/usc/19/3531.md?p=9) described in section 771(8) of the Tariff Act of 1930 ([19 U.S.C. 1677(8)](/usc/19/1677.md?p=8)).
  - (9) **Subsidies Committee—** The term “Subsidies Committee” means the committee established pursuant to Article 24 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A).
  - (10) **Subsidy—** The term “subsidy” has the meaning given that term in Article 1 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A).
  - (11) **Trade Representative—** The term “[Trade Representative](/usc/19/3501.md?p=6)” means the [United States](/usc/19/1683.md?p=9) [Trade Representative](/usc/19/3501.md?p=6).
  - (12) **Violation of Article 8—** The term “violation of Article 8” means the failure of a notified subsidy program or an individual subsidy granted pursuant to a notified subsidy program to meet the applicable conditions and criteria described in Article 8.2 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A).
- (i) **Treatment of proprietary information—** Notwithstanding any other provision of law, the [administering authority](/usc/19/3531.md?p=1) may provide the [Trade Representative](/usc/19/3501.md?p=6) with a copy of proprietary information submitted to, or obtained by, the [administering authority](/usc/19/3531.md?p=1) that the [Trade Representative](/usc/19/3501.md?p=6) considers relevant in carrying out its responsibilities under this subchapter. The [Trade Representative](/usc/19/3501.md?p=6) shall protect from public disclosure proprietary information obtained from the [administering authority](/usc/19/3531.md?p=1) under this subchapter.

## Source credit

(Pub. L. 103–465, title II, § 281, Dec. 8, 1994, 108 Stat. 4922; Pub. L. 104–295, § 20(b)(13), Oct. 11, 1996, 110 Stat. 3527.)

## Notes

### Editorial Notes

### References in Text

The Tariff Act of 1930, referred to in subsecs. (b)(1), (c)(1), and (e)(2)(B), is act June 17, 1930, ch. 497, 46 Stat. 590. Title VII of the Act is classified generally to subtitle IV (§ 1671 et seq.) of chapter 4 of this title. Subtitles A and C of title VII of the Act are classified generally to parts I (§ 1671 et seq.) and III (§ 1675 et seq.), respectively, of subtitle IV of chapter 4 of this title. For complete classification of this Act to the Code, see section 1654 of this title and Tables.

The Trade Act of 1974, referred to in subsec. (d), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978. Title III of the Act is classified principally to subchapter III (§ 2411 et seq.) of chapter 12 of this title. For complete classification of this Act to the Code, see section 2101 of this title and Tables.

This Act, referred to in subsec. (e)(1)(C)(ii), is Pub. L. 103–465, Dec. 8, 1994, 108 Stat. 4809, known as the Uruguay Round Agreements Act. For complete classification of this Act to the Code, see Short Title note set out under section 3501 of this title and Tables.

This subchapter, referred to in subsec. (i), was in the original “this part”, meaning part 4 (§§ 281 to 283) of subtitle B of title II of Pub. L. 103–465, which enacted this subchapter and amended sections 1671b, 1675, 1677d, and 2191 of this title. For complete classification of this part to the Code, see Tables.

### Amendments

1996—Subsec. (h)(4). Pub. L. 104–295 struck out “(A),” after “1677(9)”.

### Statutory Notes and Related Subsidiaries

### Effective Date

Subchapter effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), and applicable with respect to investigations, reviews, and inquiries initiated and petitions filed under specified provisions of subtitle IV (§ 1671 et seq.) of chapter 4 of this title after such date, see section 291 of Pub. L. 103–465, set out as an Effective Date of 1994 Amendment note under section 1671 of this title.