C.F.R. » Title 19 » CHAPTER III—INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE › PART 351—ANTIDUMPING AND COUNTERVAILING DUTIES › Subpart E—Identification and Measurement of Countervailable Subsidies

19 C.F.R. § 351.508

Debt forgiveness

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(a) Benefit. In the case of an assumption or forgiveness of a firm's debt obligation, a benefit exists equal to the amount of the principal and/or interest (including accrued, unpaid interest) that the government has assumed or forgiven. In situations where the entity assuming or forgiving the debt receives shares in a firm in return for eliminating or reducing the firm's debt obligation, the Secretary will determine the existence of a benefit under § 351.507 (equity infusions).

(b) Time of receipt of benefit. In the case of a debt or interest assumption or forgiveness, the Secretary normally will consider the benefit as having been received as of the date on which the debt or interest was assumed or forgiven.

(c) Allocation of benefit to a particular time period—(1) In general. The Secretary will treat the benefit determined under paragraph (a) of this section as a non-recurring subsidy and will allocate the benefit to a particular year in accordance with § 351.524(d), or over a period of 12 years, whichever is longer.

(2) Exception. Where an interest assumption is tied to a particular loan and where a firm can reasonably expect to receive the interest assumption at the time it applies for the loan, the Secretary will normally treat the interest assumption as a reduced-interest loan and allocate the benefit to a particular year in accordance with § 351.505(c) (loans).

[63 FR 65407, Nov. 25, 1998, as amended at 89 FR 20841, Mar. 25, 2024
Notes of Decisions
Cited in 2 cases, 2007–2018 · leading case: Vulcan Threaded Prods., Inc. v. United States, 2018 CIT 45 (Ct. Intl. Trade 2018).
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Vulcan Threaded Prods., Inc. v. United States, 2018 CIT 45 (Ct. Intl. Trade 2018). “19 C.F.R. § 351.508 (c)(2). If several potential surrogates are available' Commerce evaluates the reliability and completeness of the data in the similarly-situated surrogate countries and generally selects the one with the best data as the primary surrogate country.”
Micron Tech., Inc. v. United States, 535 F. Supp. 2d 1336 (Ct. Intl. Trade 2007). “, 19 C.F.R. § 351.508 ; Notice of Preliminary Results of Countervailing Duty Administrative Review: Certain Hob-Rolled Carbon Steel Flat Products from India, 71 Fed.”
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