In general. The Secretary may take a program-wide change into account in establishing the estimated countervailing duty cash deposit rate if:
The Secretary determines that subsequent to the period of investigation or review, but before a preliminary determination in an investigation (see § 351.205) or a preliminary result of an administrative review or a new shipper review (see §§ 351.213 and 351.214), a program-wide change has occurred; and
The Secretary is able to measure the change in the amount of countervailable subsidies provided under the program in question.
Definition of program-wide change. For purposes of this section, “program-wide change” means a change that:
Is not limited to an individual firm or firms; and
Is effectuated by an official act, such as the enactment of a statute, regulation, or decree, or contained in the schedule of an existing statute, regulation, or decree.
Effect limited to cash deposit rate—(1) In general. The application of paragraph (a) of this section will not result in changing, in an investigation, an affirmative determination to a negative determination or a negative determination to an affirmative determination.
Example. In a countervailing duty investigation, the Secretary determines that during the period of investigation a countervailable subsidy existed in the amount of 10 percent ad valorem. Subsequent to the period of investigation, but before the preliminary determination, the foreign government in question enacts a change to the program that reduces the amount of the subsidy to a de minimis level. In a final determination, the Secretary would issue an affirmative determination, but would establish a cash deposit rate of zero.
Terminated programs. The Secretary will not adjust the cash deposit rate under paragraph (a) of this section if the program-wide change consists of the termination of a program and:
The Secretary determines that residual benefits may continue to be bestowed under the terminated program; or
The Secretary determines that a substitute program for the terminated program has been introduced and the Secretary is not able to measure the amount of countervailable subsidies provided under the substitute program.
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