19 C.F.R. § 351.514
Export subsidies
(a) In general. The Secretary will consider a subsidy to be an export subsidy if the Secretary determines that eligibility for, approval of, or the amount of, a subsidy is contingent upon export performance. In applying this section, the Secretary will consider a subsidy to be contingent upon export performance if the provision of the subsidy is, in law or in fact, tied to actual or anticipated exportation or export earnings, alone or as one of two or more conditions.
(b) Exception. In the case of export promotion activities of a government, a benefit does not exist if the Secretary determines that the activities consist of general informational activities that do not promote particular products over others.
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 2009–2026 · leading case: Weishan Hongda Aquatic Food Co. v. United States, 917 F.3d 1353 (Fed. Cir. 2019).
Weishan Hongda Aquatic Food Co. v. United States, 917 F.3d 1353 (Fed. Cir. 2019). “" 19 C.F.R. § 351.514 (a). *1366 Substantial evidence supports Commerce's determination that the Oceana Report is the best available information on the record to value the surrogate financial ratios.”
Changzhou Trina Solar Energy v. United States, 975 F.3d 1318 (Fed. Cir. 2020). “§ 1677(5A)(B); see 19 C.F.R. § 351.514 (a) (explaining that “a subsidy” is “contingent upon export performance if the provision of the subsidy is, in law or in fact, tied to actual or anticipated exportation or export earnings, alone or as one of two or more conditions”).”
MTZ Polyfilms, Ltd. v. United States, 659 F. Supp. 2d 1303 (Ct. Intl. Trade 2009). “§ 1677 (5A)(B); Export Subsidies, 19 C.F.R. § 351.514 (a). Commerce’s next step is to divide the benefits received from the subsidy by the relevant sales.”
POSCO v. United States, 2026 CIT 36 (Ct. Intl. Trade 2026). “See 19 C.F.R. § 351.514 (a) (explaining that “a subsidy” is “contingent upon export performance if the provision of the subsidy is, in law or in fact, tied to actual or anticipated exportation or export earnings, alone or as one of two or more conditions”).”
Dalian Meisen Woodworking Co., Ltd. v. United States, 2025 CIT 74 (Ct. Intl. Trade 2025). “19 C.F.R. § 351.514 (a). Commerce considers China’s Export Buyer’s Credit Program an “export subsidy,” and it would be difficult to argue otherwise.”
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