19 CFR 351.511 - Provision of goods or services

Cite as19 CFR 351.511
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361 practice notes
  • Içdas Celik Enerji Tersane ve Ulasim Sanayi A.S. v. United States, Slip Op. 21-20
    • United States
    • U.S. Court of International Trade
    • February 19, 2021
    ...conditions of purchase or sale.Id. In practice, Commerce applies a three-tier framework to determine the adequacy of remuneration. See 19 C.F.R. § 351.511. Under tier one, Commerce compares the actual remuneration for the provided goods and services with the market price of those goods or s......
  • Nucor Corp. v. United States, 2018-1787
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • June 21, 2019
    ...whether KEPCO sold electricity to the Korean CORE producers for "less than adequate remuneration," Commerce applied a regulation, 19 C.F.R. § 351.511, that it had adopted in 1998 to guide application of that statutory standard. See Countervailing Duties , 63 Fed. Reg. 65,348 (Nov. 25, 1998)......
  • Posco v. United States, Slip Op. 18–18
    • United States
    • U.S. Court of International Trade
    • March 8, 2018
    ...of purchase or sale." Id.Commerce's regulations prescribe a three-tiered approach for determining the adequacy of remuneration. See 19 C.F.R. § 351.511.4 Commerce first seeks to compare the government price to a market-based price for the good or service under investigation in the country i......
  • Özdemir Boru San. Ve Tic. Ltd. v. United States, Slip Op. 17–142
    • United States
    • U.S. Court of International Trade
    • October 16, 2017
    ...[Commerce] will consider product similarity; quantities sold, imported, or auctioned; and other factors affecting comparability. 19 C.F.R. § 351.511 (a)(2)(i) (2015).The subsidy must also be "specific" as defined under 19 U.S.C. § 1677(5A). In the case of domestic subsidies like those alleg......
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91 cases
  • Içdas Celik Enerji Tersane ve Ulasim Sanayi A.S. v. United States, Slip Op. 21-20
    • United States
    • U.S. Court of International Trade
    • February 19, 2021
    ...conditions of purchase or sale.Id. In practice, Commerce applies a three-tier framework to determine the adequacy of remuneration. See 19 C.F.R. § 351.511. Under tier one, Commerce compares the actual remuneration for the provided goods and services with the market price of those goods or s......
  • Özdemir Boru San. Ve Tic. Ltd. v. United States, Slip Op. 17–142
    • United States
    • U.S. Court of International Trade
    • October 16, 2017
    ...[Commerce] will consider product similarity; quantities sold, imported, or auctioned; and other factors affecting comparability. 19 C.F.R. § 351.511 (a)(2)(i) (2015).The subsidy must also be "specific" as defined under 19 U.S.C. § 1677(5A). In the case of domestic subsidies like those alleg......
  • Borusan Mannesmann Boru Sanayi Ve Ticaret A.S. v. United States, Slip Op. 15–36.
    • United States
    • U.S. Court of International Trade
    • April 22, 2015
    ...9. Commerce thus used a “tier two” world market price as a benchmark to measure the benefit, pursuant to 19 U.S.C. § 1677(5)(E) and 19 C.F.R. § 351.511(a)(2)(ii). Finally, because Borusan twice elected not to provide requested HRS purchase information, both times claiming it would be burden......
  • Guizhou Tyre Co. v. United States, Slip Op. 21-64
    • United States
    • U.S. Court of International Trade
    • May 19, 2021
    ...government price to a market-determined price for the good or service resulting from actual transactions in the country in question." 19 C.F.R. § 351.511(a)(2)(i). The preamble to Commerce's countervailing duty regulations specifies that "[s]uch market-determined prices include actual sales......
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