                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
           SUBTITLE IV--COUNTERVAILING AND ANTIDUMPING DUTIES
 
                       Part IV--General Provisions
 
Sec. 1677e. Determinations on basis of facts available


(a) In general

    If--
        (1) necessary information is not available on the record, or
        (2) an interested party or any other person--
            (A) withholds information that has been requested by the 
        administering authority or the Commission under this subtitle,
            (B) fails to provide such information by the deadlines for 
        submission of the information or in the form and manner 
        requested, subject to subsections (c)(1) and (e) of section 
        1677m of this title,
            (C) significantly impedes a proceeding under this subtitle, 
        or
            (D) provides such information but the information cannot be 
        verified as provided in section 1677m(i) of this title,

the administering authority and the Commission shall, subject to section 
1677m(d) of this title, use the facts otherwise available in reaching 
the applicable determination under this subtitle.

(b) Adverse inferences

    If the administering authority or the Commission (as the case may 
be) finds that an interested party has failed to cooperate by not acting 
to the best of its ability to comply with a request for information from 
the administering authority or the Commission, the administering 
authority or the Commission (as the case may be), in reaching the 
applicable determination under this subtitle, may use an inference that 
is adverse to the interests of that party in selecting from among the 
facts otherwise available. Such adverse inference may include reliance 
on information derived from--
        (1) the petition,
        (2) a final determination in the investigation under this 
    subtitle,
        (3) any previous review under section 1675 of this title or 
    determination under section 1675b of this title, or
        (4) any other information placed on the record.

(c) Corroboration of secondary information

    When the administering authority or the Commission relies on 
secondary information rather than on information obtained in the course 
of an investigation or review, the administering authority or the 
Commission, as the case may be, shall, to the extent practicable, 
corroborate that information from independent sources that are 
reasonably at their disposal.

(June 17, 1930, ch. 497, title VII, Sec. 776, as added Pub. L. 96-39, 
title I, Sec. 101, July 26, 1979, 93 Stat. 186; amended Pub. L. 98-573, 
title VI, Sec. 618, Oct. 30, 1984, 98 Stat. 3037; Pub. L. 100-418, title 
I, Secs. 1326(d)(1), 1331, Aug. 23, 1988, 102 Stat. 1204, 1207; Pub. L. 
103-465, title II, Sec. 231(c), Dec. 8, 1994, 108 Stat. 4896.)


                               Amendments

    1994--Pub. L. 103-465 amended section generally, substituting 
present provisions for provisions relating to verification of 
information, certification of submissions, and determinations required 
to be made on best information available.
    1988--Subsec. (a). Pub. L. 100-418, Sec. 1331(1), (3), added subsec. 
(a). Former subsec. (a) redesignated (b).
    Subsec. (b). Pub. L. 100-418, Sec. 1331(1), (2), redesignated former 
subsec. (a) as (b) and in heading substituted ``Verification'' for 
``General rule''.
    Subsec. (b)(3)(A). Pub. L. 100-418, Sec. 1326(d)(1), which directed 
the amendment of this subtitle by substituting ``subparagraph (C), (D), 
(E), (F), or (G) of section 1677(9) of this title'' for ``subparagraph 
(C), (D), (E), or (F), of section 1677(9) of this title'' was executed 
to subsec. (b)(3)(A) of this section by substituting ``section 
1677(9)(C), (D), (E), (F), or (G) of this title'' for ``section 
1677(9)(C), (D), (E), or (F) of this title'' to reflect the probable 
intent of Congress.
    Subsec. (c). Pub. L. 100-418, Sec. 1331(1), redesignated former 
subsec. (b) as (c).
    1984--Subsec. (a). Pub. L. 98-573 amended subsec. (a) generally, 
which prior to amendment read as follows: ``Except with respect to 
information the verification of which is waived under section 
1673b(b)(2) of this title, the administering authority shall verify all 
information relied upon in making a final determination in an 
investigation. In publishing such a determination, the administering 
authority shall report the methods and procedures used to verify such 
information. If the administering authority is unable to verify the 
accuracy of the information submitted, it shall use the best information 
available to it as the basis for its determination, which may include 
the information submitted in support of the petition.''


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-465 effective, except as otherwise 
provided, on the date on which the WTO Agreement enters into force with 
respect to the United States [Jan. 1, 1995], and applicable with respect 
to investigations, reviews, and inquiries initiated and petitions filed 
under specified provisions of this chapter after such date, see section 
291 of Pub. L. 103-465, set out as a note under section 1671 of this 
title.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-418 applicable with respect to 
investigations initiated after Aug. 23, 1988, and to reviews initiated 
under section 1673e(c) or 1675 of this title after Aug. 23, 1988, see 
section 1337(b) of Pub. L. 100-418, set out as a note under section 1671 
of this title.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-573 effective Oct. 30, 1984, see section 
626(a) of Pub. L. 98-573, set out as a note under section 1671 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1671d, 1673d, 1675 of this 
title.
