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" ... In addition, WTO rules require a subsidy to be “specific” in order for it to be countervailable. This means, for example, that a subsidy must be provided to a specific industry, or for a specific trade-distorting purpose, such as the subsidization of exports. Since the value of a country’s currency affects the nation’s economy broadly, it seems doubtful that currency manipulation would be specific enough to survive the WTO dispute settlement process. In other words, changing the law to allow the CVD process to be used against currency manipulation would mean that the United States could expect eventually to lose at the WTO. ... "
" ... The ITC is tasked with determining whether material injury or the threat of material injury exists and, if so, whether that injury is by reason of LTFV or subsidized imports. To determine whether there is injury, the ITC staff looks at trends in industry performance metrics, such as production, prices, volumes, shipments, profits, investment, return on investment, employment, capacity utilization and other factors that speak to the state of the industry. The DOC obtains sales, cost, and subsidy information from the foreign producers subject to the investigations and performs analyses of the data to determine whether and to what extent there is dumping or countervailable subsidization. ... "
" ... Whether the DOC finds legitimate evidence of dumping or countervailable subsidization is actually beside the point here. The agency has proven itself quite capable of producing evidence it is willing to defend as legitimate, which is all that matters when the game plan is to use the specter of a long, drawn out procedural battle – a period during which importers have no certainty about whether they will have to pay duties or how large that bill will be – to arm-twist the Canadians back to the table to agree, once again, to limited U.S. access in exchange for suspension of the unfair trade petitions. ... "