19 C.F.R. § 351.504

Grants

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(a) Benefit. In the case of a grant, a benefit exists in the amount of the grant.

(b) Time of receipt of benefit. In the case of a grant, the Secretary normally will consider a benefit as having been received on the date on which the firm received the grant.

(c) Allocation of a grant to a particular time period. The Secretary will allocate the benefit from a grant to a particular time period in accordance with § 351.524.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2017–2024 · leading case: Gov't of Sri Lanka v. United States, 2018 CIT 43 (Ct. Intl. Trade 2018).
Gov't of Sri Lanka v. United States, 2018 CIT 43 (Ct. Intl. Trade 2018). · cites it 5× “While the foregoing list is not exhaustive, there are critical differences between the examples listed above and the reimbursement payments received by Camso. In serving as a payment vehicle for the GPS, Camso was effectively providing interest-free loans to GSL.”
Hyundai Steel Co. v. United States, 2024 CIT 55 (Ct. Intl. Trade 2024). · cites it 4× “14 Commerce calculated the benefit using a “benchmark from the quantity and value of the private market purchases reported by Hyundai Steel for compliance year 2019 and then multiplied the number of [the 14 Commerce also noted that because the additional allocation “is analogous…”
SolarWorld Americas, Inc. v. United States, 2017 CIT 67 (Ct. Intl. Trade 2017). “Moreover, by “similar program,” the Department refers to a program with the same type of benefit, as defined under 19 C.F.R. § 351.504 through 19 C.F.R. § 351.”
Wilmar Trading Pte Ltd. v. United States, 2020 CIT 115 (Ct. Intl. Trade 2020). · cites it 3× “” See 19 C.F.R. § 351.504 (a) (2019). When goods are provided for less than adequate remuneration, Commerce measures the benefit using the three-tiered hierarchy of “benchmark” prices against which to test the actual remuneration provided in exchange for the goods.”
Changzhou Trina Solar Energy Co. v. United States, 264 F. Supp. 3d 1325 (Ct. Intl. Trade 2017). · cites it 3× “” 19 C.F.R. § 351.504 (a). Commerce made the reasonable conclusion, based on Trina Solar’s account -records, and using an adverse inference,-that the funds were actually dispersed, thus constituting a financial contribution.”
Risen Energy Co. v. United States, 2023 CIT 148 (Ct. Intl. Trade 2023). “19 C.F.R. § 351.504 , which governs calculation of an amortized benefit, provides: “[i]n the case of a grant, a benefit exists in the amount of the grant.”
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