19 CFR 351.508 : Customs Duties (§ 0.1 To Parts 400-599) — (§ 200.735-101 To Parts 400-599) — International Trade Administration, Department Of Commerce (Parts 300-350 To Parts 361-399) — Antidumping And Countervailing Duties (§ 351.101 To § 351.702) — Identification And Measurement Of Countervailable Subsidies (§ 351.501 To § 351.527) — Debt forgiveness.

4 Aug 2016

(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).

(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).

19 CFR 351.508