In the case of any trade agreement which may be entered into by the President with a USMCA country, the negotiating objectives of the United States with respect to subsidies shall include—

1. (1) achievement of increased discipline on domestic subsidies provided by a foreign government, including—

   1. (A) the provision of capital, loans, or loan guarantees on terms inconsistent with commercial considerations;
   2. (B) the provision of goods or services at preferential rates;
   3. (C) the granting of funds or forgiveness of debt to cover operating losses sustained by a specific industry; and
   4. (D) the assumption of any costs or expenses of manufacture, production, or distribution;
2. (2) achievement of increased discipline on export subsidies provided by a foreign government, particularly with respect to agricultural products; and
3. (3) maintenance of effective remedies against subsidized imports, including, where appropriate, countervailing duties.

(Pub. L. 116–113, title IV, § 416, formerly Pub. L. 103–182, title IV, § 406, Dec. 8, 1993, 107 Stat. 2138; renumbered § 416 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 504(g), Jan. 29, 2020, 134 Stat. 75.)

Editorial Notes

Codification

Section was formerly classified to section 3436 of this title prior to renumbering by Pub. L. 116–113.

Amendments

2020—Pub. L. 116–113, § 504(g)(3), substituted “USMCA country” for “NAFTA country” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Transfer to and amendment of this section by Pub. L. 116–113 effective on the date on which the USMCA enters into force (July 1, 2020), but not applicable to certain determinations under section 1516a of this title or binational panel reviews under NAFTA, see section 504(k) of Pub. L. 116–113, set out as a note under section 4581 of this title.