SSI

ETDs shall be printed on security paper, free of optical brighteners (approximately 90 g/m²), using a standard 'CHAIN WIRES` watermark legally protected for the manufacturer of the document, with two invisible fibres (blue and yellow, SSI/05) fluorescent under ultraviolet light and reagents against chemical erasure.

SSI/F483.

'SINGAPORE

Article 6, which reproduces Article 14 of the ASCM, establishes rules for calculation of the benefit for certain types of subsidies.

The amount of the subsidy is calculated in terms of benefit found to exist in the investigation period (Article 14 ASCM).

Furthermore it is argued that footnote 5 to Article 3(l)(a) of the ASCM states that measures referred to in Annex I as not constituting export subsidies should not be prohibited under this or any other provision of the ASCM.

In regard to Article 8 of TERCL, it has been noted that Korea has not notified this provision to the WTO under Article 8(3) of the ASCM.

The GOK also claimed that the criterion of overseas investment is an objective and neutral criterion within the meaning of Article 2(l)(b) of the ASCM.

In addition to the GOK's claim regarding the non-specificity of the provisions of this Article, the GOK claimed that this Article is a non-actionable research and development (R&D) subsidy within the meaning of Article 8(2)(a) of the ASCM (this paragraph of the ASCM is reproduced in Article 4(2) of the Basic Regulation).

Article 19(4) of the ASCM does not create a requirement for calculation of a subsidy on the basis of the cost to the government.

Article VI3 GATT 1994, which is reproduced in Article 19(4) of the ASCM, only states that duties must not be levied in excess of the amount of the subsidy.

It is considered that this criterion is not neutral within the sense of that Article of the ASCM nor within the sense of Article 3(2)(b) of the basic Regulation.

It is considered that this criterion is not neutral within the sense of that Article of the ASCM nor within the sense of Article 3(2)(b) of the Basic Regulation.

India is one of the countries listed in Annex VII to the ASCM, and therefore the export subsidies granted by the GOI would not be prohibited.

It is considered that this criterion is not neutral within the sense of that Article of the ASCM nor within the sense of Article 3(2) point (b) of the Basic Regulation.

The GOK claimed that since the provisions of these Articles are, in practice, available to a significantly wide variety of industries/businesses, they are not specific within the meaning of Article 2(1 )(a), (b) and (c) of the ASCM and are accordingly not countervailable (these paragraphs of the ASCM are reproduced in Article 3(2)(a), (b) and (c) of the Basic Regulation).

Article 19(4) of the ASCM establishes that no countervailing duty is levied in excess of the amount of the subsidy found to exist calculated on the basis of the benefit conferred.

The exporting producers submitted that the presumption in Article 2(3) of the ASCM rendering subsidies contingent upon export performance specific will not ipso facto apply, since Article 27(2) of the ASCM provides that the prohibition of subsidies contingent upon export performance shall not apply to developing countries.

Article 6(l)(a) of the ASCM concerns a oresumotion of serious prejudice in certain circum stances, which is not applicable to countervailing duty proceedings.

In addition to the GOK's claim regarding the non-specificity of the provisions of this Article, the GOK claimed that this Article is a non-actionable research and development (R&D) subsidy within the meaning of Article 8(2)(a) of the ASCM (this paragraph of the ASCM is reproduced in Article 4(2) of the basic Regulation).

In fact, the Korean fixed amount refund system falls under the general definition of a subsidy according to Article 2 of the Basic Regulation which incorporated Article 1 of the ASCM.

the diplomas awarded by the federal institutes of technology (Eidgenössische Technische Hochschulen, Ecoles polytechniques fédérales, Politecnici federali:

In fact, the Korean fixed amount refund system falls under the general definition of a subsidy according to Article 2 of the basic Regulation which incorporated Article 1 of the ASCM.

Article 11 of the ASCM (Article 10 of the Basic Regulation) lists the information to be contained in a complaint, including evidence of the existence of subsidies and the amount and nature of the subsidy in question;

The GOK claimed that since the provisions of these Articles are, in practice, available to a significantly wide variety of industries/businesses, they are not specific within the meaning of Article 2(l)(a), (b) and (c) of the ASCM and are accordingly not countervailable (these paragraphs of the ASCM are reproduced in Article 3(2)(a), (b) and (c) of the basic Regulation).

Article 11 of the ASCM (Article 10 of the basic Regulation) lists the information to be contained in a complaint, including evidence of the existence of subsidies and the amount and nature of the subsidy in question;

The GOK claimed that these programmes provide assistance for research activities in accordance with Article 8(2)(a) of the ASCM and are therefore non-actionable and non-countervailable.

The GOK also states that because EXIM-FIC is available to a wide variety of industries and since the criterion of foreign investment is objective and neutral within the meaning of Article 2(l)(b) of the ASCM, EXIM-FIC is not specific.

It is considered that this argument is irrelevant since paragraph 2 of Annex 11(11) to the ASCM relates to a duty drawback scheme which, as explained above, the programme under consideration is not.

Item (k) of Annex I to the ASCM which is reproduced in Annex I to the Basic Regulation provides for special rules for export credits which are exceptions to the general rules for the calculation of subsidies in the case of loans.

This provision was observed since the explicit rules for the calculation of the subsidy in the case of loans, i.e. Article 5 and Article 6(b) of the basic Regulation which incorporate Article 14(b) of the ASCM, were followed.

Point (k) of Annex I to the ASCM which is reproduced in Annex I to the basic Regulation provides for special rules for export credits which are exceptions to the general rules for the calculation of subsidies in the case of loans.

It is considered that this argument is irrelevant since paragraph 2 of Annex II(II) of the ASCM relates to a duty drawback scheme which, as explained above, the programme under consideration is not.

This provision was observed since the explicit rules for the calculation of the subsidy in the case of loans, i.e. Articles 5 and 6 point (b) of the Basic Regulation which incorporate Article 14(b) of the ASCM, were followed.

The GOK also states that, because EXIM-FIC is available to a wide variety of industries and since the criterion of foreign investment is objective and neutral within the meaning of Article 2(l)(b) of the ASCM, EXIM-FIC is not specific.

The GOK argued that EXIM-FIC is contingent neither upon export performance nor upon the use of domestic over imported goods within the meaning of Article 3(1) of the ASCM.

The GOK argued that EXIM-FIC is contingent neither on export performance nor upon the use of domestic over imported goods within the meaning of Article 3(1) of the ASCM.

"Eidgenössisch diplomierter Arzt/titulaire du diplôme fédéral de médecin/titolare di diploma federale di medico" (diploma of doctor of medicine) awarded by the Federal Department of Home Affairs.`;

"eidgenössisch diplomierter Apotheker/titulaire du diplôme fédéral de pharmacien/titolare di diploma federale di farmacista" (diploma in pharmacy) issued by the Federal Department of Home Affairs.`.

"eidgenössisch diplomierter Tierarzt/titulaire du diplôme fédéral de vétérinaire/ titolare di diploma federale di veterinario" (diploma in veterinary medicine) issued by the Federal Department of Home Affairs.`

Article 12(1) of the ASCM (Article 11 of the Basic Regulation) states that interested Members and all interested parties in a countervailing duty investigation shall be given notice of the information which the authorities require;

It is noted that, if R&D subsidies fulfilling the requirements of Article 8(2)(a) of the ASCM are notified to the WTO under the provisions of Article 8(3) of that Agreement, an investigation cannot even be opened against such subsidies.

The signals must be provided in standard units based on the specifications given in 6.5.3. Actual signals must be clearly identified separately from default value or limp-home signals.'

"eidgenössisch diplomierter Zahnarzt/titulaire du diplôme fédéral de médecin-dentiste/titolare di diploma federale di medico-dentista" (diploma of doctor of dentistry) issued by the Federal Department of Home Affairs.`;

Article 12(1) of the ASCM (Article 11 of the basic Regulation) states that interested Members and all interested parties in a countervailing duty investigation shall be given notice of the information which the authorities require;

In addition to the GOK's general claim regarding the non-specificity of the provisions of this Article, the GOK claimed that the criterion of technology and manpower development is an objective and neutral criterion within the meaning of Article 2(l)(b) of the ASCM.

It was argued that the 'Guidelines on consumption of inputs in the production process' in Annex II of the ASCM would permit indirect tax-rebate schemes of prior stage cumulative indirect taxes levied on imports that are consumed in the production of exported products.

It was claimed that the addition of interest was unwarranted, beyond the terms of the Agreement on subsidies and countervailing measures (ASCM) and prohibited under Article VI paragraph 3 GATT 1994. The Calculation Guidelines of the Commission would be null and void in this respect.

The GOK noted that the provisions of this Article have not been effective since January 1998. The GOK claimed also that the provisions of this Article are available to a wide variety of industries and also that the criterion of overseas investment is an objective and neutral criterion within the meaning of Article 2(l)(b) of the ASCM.