19 U.S.C. § 1677m — Conduct of investigations and administrative reviews
submitted 96 years ago by Pub. L. 103-465 to r/title-19-CUSTOMS-DUTIES · 1,295 words · no verdicts yet
This section sets rules for voluntary responses, certifications, deficient submissions, comments, investigations that lack domestic interest, and verification. It also requires the agencies to account for practical difficulties and to consider qualifying information even when it does not meet every formal requirement.
(a) A person who submits factual information for a petitioner or other interested party must certify that, to the best of that person’s knowledge, it is accurate and complete. (b) When the authority limits individual examination or sets a single country-wide rate, it must establish an individual rate for an exporter or producer not initially selected if that entity timely supplies the requested information, unless adding the examination would be so burdensome that it would prevent timely completion. In deciding that issue, the authority may consider the complexity of the issues and questionnaires, its experience in the same or similar matter, the total number of pending investigations and reviews, and other appropriate timing factors.
(c) If a party promptly explains that it cannot provide requested information in the requested form and manner and suggests forms it can provide, the agency must consider that ability and may modify the request enough to avoid an unreasonable burden. The agencies must consider difficulties, especially for small companies, and give practicable help.
(d) If a response is deficient, the agency must promptly explain the deficiency and, as far as practicable within the applicable schedule, allow a cure or explanation. If the further response is unsatisfactory or late, the agency may disregard all or part of the responses, subject to subsection (e).
(e) The agencies may not refuse to consider necessary information merely because it does not meet every requirement if it was timely, verifiable, sufficiently complete to be reliable, supplied by a party acting to the best of its ability, and usable without undue difficulty.
(f) If the agency refuses to put submitted information in the record, it must, as far as practicable, give the submitter a written explanation.
(g) Timely information must be open to comment by other parties within a reasonable time. Before a final determination under sections 1671d, 1673d, 1675, or 1675b, the agency must stop collecting information and give parties a final chance to comment on information they have not previously been able to address. Comments containing new factual information must be ignored.
(h) The authority may end an investigation concerning a domestic like product before an order if producers representing substantially all domestic production show no interest in an order. It may revoke an order, or end a suspended investigation, if those producers show no interest in the order or suspension.
(i) The authority must verify information relied on for (1) a final investigation determination, (2) a section 1675(d) revocation, and (3) a final section 1675(a) review determination, when an interested party described in section 1677(9)(C)–(G) timely requests verification and no verification occurred under this paragraph during the two immediately preceding reviews and determinations for the same order, finding, or notice. The two-review condition does not apply when good cause for verification is shown.
In any investigation under part I or II of this subtitle or a review under section 1675(a) of this title in which the administering authority has, under section 1677f–1(c)(2) of this title or section 1677f–1(e)(2)(A) of this title (whichever is applicable), limited the number of exporters or producers examined, or determined a single country-wide rate, the administering authority shall establish an individual countervailable subsidy rate or an individual weighted average dumping margin for any exporter or producer not initially selected for individual examination under such sections who submits to the administering authority the information requested from exporters or producers selected for examination, if—
such information is so submitted by the date specified—
for exporters and producers that were initially selected for examination, or
for the foreign government, in a countervailing duty case where the administering authority has determined a single country-wide rate; and
the number of exporters or producers subject to the investigation or review is not so large that any additional individual examination of such exporters or producers would be unduly burdensome to the administering authority and inhibit the timely completion of the investigation or review.
In determining if an individual examination under paragraph (1)(B) would be unduly burdensome, the administering authority may consider the following:
The complexity of the issues or information presented in the proceeding, including questionnaires and any responses thereto.
Any prior experience of the administering authority in the same or similar proceeding.
The total number of investigations under part I or II and reviews under section 1675 of this title being conducted by the administering authority as of the date of the determination.
Such other factors relating to the timely completion of each such investigation and review as the administering authority considers appropriate.
Any person providing factual information to the administering authority or the Commission in connection with a proceeding under this subtitle on behalf of the petitioner or any other interested party shall certify that such information is accurate and complete to the best of that person’s knowledge.
If an interested party, promptly after receiving a request from the administering authority or the Commission for information, notifies the administering authority or the Commission (as the case may be) that such party is unable to submit the information requested in the requested form and manner, together with a full explanation and suggested alternative forms in which such party is able to submit the information, the administering authority or the Commission (as the case may be) shall consider the ability of the interested party to submit the information in the requested form and manner and may modify such requirements to the extent necessary to avoid imposing an unreasonable burden on that party.
The administering authority and the Commission shall take into account any difficulties experienced by interested parties, particularly small companies, in supplying information requested by the administering authority or the Commission in connection with investigations and reviews under this subtitle, and shall provide to such interested parties any assistance that is practicable in supplying such information.
If the administering authority or the Commission determines that a response to a request for information under this subtitle does not comply with the request, the administering authority or the Commission (as the case may be) shall promptly inform the person submitting the response of the nature of the deficiency and shall, to the extent practicable, provide that person with an opportunity to remedy or explain the deficiency in light of the time limits established for the completion of investigations or reviews under this subtitle. If that person submits further information in response to such deficiency and either—
the administering authority or the Commission (as the case may be) finds that such response is not satisfactory, or
such response is not submitted within the applicable time limits,
then the administering authority or the Commission (as the case may be) may, subject to subsection (e), disregard all or part of the original and subsequent responses.
In reaching a determination under section 1671b, 1671d, 1673b, 1673d, 1675, or 1675b of this title the administering authority and the Commission shall not decline to consider information that is submitted by an interested party and is necessary to the determination but does not meet all the applicable requirements established by the administering authority or the Commission, if—
the information is submitted by the deadline established for its submission,
the information can be verified,
the information is not so incomplete that it cannot serve as a reliable basis for reaching the applicable determination,
the interested party has demonstrated that it acted to the best of its ability in providing the information and meeting the requirements established by the administering authority or the Commission with respect to the information, and
the information can be used without undue difficulties.
If the administering authority or the Commission declines to accept into the record any information submitted in an investigation or review under this subtitle, it shall, to the extent practicable, provide to the person submitting the information a written explanation of the reasons for not accepting the information.
Information that is submitted on a timely basis to the administering authority or the Commission during the course of a proceeding under this subtitle shall be subject to comment by other parties to the proceeding within such reasonable time as the administering authority or the Commission shall provide. The administering authority and the Commission, before making a final determination under section 1671d, 1673d, 1675, or 1675b of this title shall cease collecting information and shall provide the parties with a final opportunity to comment on the information obtained by the administering authority or the Commission (as the case may be) upon which the parties have not previously had an opportunity to comment. Comments containing new factual information shall be disregarded.
The administering authority may—
terminate an investigation under part I or II of this subtitle with respect to a domestic like product if, prior to publication of an order under section 1671e or 1673e of this title, the administering authority determines that producers accounting for substantially all of the production of that domestic like product have expressed a lack of interest in issuance of an order; and
revoke an order issued under section 1671e or 1673e of this title with respect to a domestic like product, or terminate an investigation suspended under section 1671c or 1673c of this title with respect to a domestic like product, if the administering authority determines that producers accounting for substantially all of the production of that domestic like product, have expressed a lack of interest in the order or suspended investigation.
The administering authority shall verify all information relied upon in making—
a final determination in an investigation,
a revocation under section 1675(d) of this title, and
a final determination in a review under section 1675(a) of this title, if—
verification is timely requested by an interested party as defined in section 1677(9)(C), (D), (E), (F), or (G) of this title, and
no verification was made under this subparagraph during the 2 immediately preceding reviews and determinations under section 1675(a) of this title of the same order, finding, or notice, except that this clause shall not apply if good cause for verification is shown.
Source credit: (June 17, 1930, ch. 497, title VII, § 782, as added Pub. L. 103–465, title II, § 231(a), Dec. 8, 1994, 108 Stat. 4893; amended Pub. L. 114–27, title V, § 506, June 29, 2015, 129 Stat. 386.)
- 1930Enacted · Pub. L. 103-465 · 108 Stat. 4893
- 2015Amended · Pub. L. 114-27 · 129 Stat. 386
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-465 on 1930-06-17.
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