4. Steps of the Investigation
   15. Public Interest

       b. Countervail

       WTO Standard: The decision whether or not to impose a countervailing duty in cases where all requirements for the imposition have been fulfilled, and the decision whether the amount of the countervailing duty to be imposed shall be the full amount of the subsidy or less, are decisions to be made by the authorities of the importing Member. It is desirable that the imposition be permissive in the territory of all Members, and that the duty should be less than the total amount of the subsidy if such lesser duty would be adequate to remove the injury to the domestic industry, and that procedures should be established which would allow the authorities concerned to take due account of representations made by domestic interested parties (footnote omitted() whose interests might be adversely affected by the imposition of a countervailing duty. (SCM Agreement, Art. 19.2)

Argentina

   Argentina directly applies the standards of the WTO Agreements. The standards corresponding to Decree 2121/94 are cited, and to the degree that they do not contradict the provisions of the Agreement, they will be applied.

   In making a determination, the Minister for the Economy and Public Works and Services shall take into account the interest of the public at large, including consumers, users and purchasers of inputs produced locally whose prices may rise as a result of the imposition of antidumping or countervailing duties. (Decree No. 2121/94, Art. 51). In preliminary or final determinations, the Minister for the Economy and Public Works and Services may impose antidumping or countervailing duties which are less than the amount of dumping or the margin of subsidy found to exist, if in the Minister's opinion such lesser duties are sufficient to eliminate the injury caused to domestic producers. (Id., Art. 50).

Bolivia

   Same as dumping provision.

Brazil

   Same as dumping provision. (Dec. 1751/95 - Art. 73.3).

Canada

   See "Public Interest -- Antidumping" section above.

Chile

   The measure recommended to the President by the Commission may not be greater than the margin of the price distortion found to exist by the Commission. (Decree 575, Title 2, Art. 15.)

Colombia

   The investigations referred to in this Decree shall be conducted by the Colombian Foreign Trade Institute (INCOMEX) and they shall be in the general interest.

   Antidumping duties or countervailing duties shall be imposed in the public interest, for the purpose of correcting and preventing damages, in the event of unfair trade practices. They shall be applied across-the-board to all importers of goods subject to those duties.

   The duties are imposed in regard to a country and, if applicable, more specifically to certain producers and exporters from that country (Decree 299/95, Chap. I, Art. 1).

   In compliance with the provisions of Law 170, INCOMEX shall apply Article b.12 of the Agreement on Application of Article 6 of the General Agreement on Tariffs and Trade of 1994.

Costa Rica

   The decision whether or not to impose a countervailing duty in cases where all requirements for the imposition have been fulfilled and the decision whether the amount of the countervailing duty to be imposed shall be the full amount of the subsidy or less, are decisions to be made by the authorities of the importing Member.

   It is desirable that the imposition should be permissive in the territory of all Members, that the duty should be less than the total amount of the subsidy if such lesser duty would be adequate to remove the injury to the domestic industry, and that procedures should be established which would allow the authorities concerned to take due account of representations made by domestic interested parties (the endnote is omitted) whose interests might be adversely affected by the imposition of a countervailing duty. Apart from these provisions, a decree adds another to the effect that the measure shall be by way of an exception and provisional in nature: Measures imposed under these Regulations shall be provisional and exceptional in nature, since they will remain in effect for as long as necessary to offset the situation that prompted them.

Dominican Republic

Ecuador

El Salvador

   There is no provision for this matter but El Salvador applies the provisions of the WTO Agreement on Subsidies and Countervailing Measures.

Guatemala

Honduras

Jamaica

Mexico

   Same as for dumping; see above.

Nicaragua

Panama

Paraguay

Peru

Santa Lucia

Trinidad and Tobago

United States

   Under U.S. law, public interest considerations are not taken into account in issuing countervailing duty orders.

   If Commerce finds countervailable subsidies and the ITC finds material injury to the domestic industry, an order will be issued in the full amount of the subsidy.

Uruguay

Venezuela

   Same as dumping provision; see above.