                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
           SUBTITLE IV--COUNTERVAILING AND ANTIDUMPING DUTIES
 
                       Part IV--General Provisions
 
Sec. 1677m. Conduct of investigations and administrative reviews


(a) Treatment of voluntary responses in countervailing or antidumping 
        duty investigations and reviews

    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--
        (1) such information is so submitted by the date specified--
            (A) for exporters and producers that were initially selected 
        for examination, or
            (B) for the foreign government, in a countervailing duty 
        case where the administering authority has determined a single 
        country-wide rate; and

        (2) the number of exporters or producers who have submitted such 
    information is not so large that individual examination of such 
    exporters or producers would be unduly burdensome and inhibit the 
    timely completion of the investigation.

(b) Certification of submissions

    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.

(c) Difficulties in meeting requirements

                (1) Notification by interested party

        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.

                (2) Assistance to interested parties

        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.

(d) Deficient submissions

    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--
        (1) the administering authority or the Commission (as the case 
    may be) finds that such response is not satisfactory, or
        (2) 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) of this section, disregard all or part of 
the original and subsequent responses.

(e) Use of certain information

    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--
        (1) the information is submitted by the deadline established for 
    its submission,
        (2) the information can be verified,
        (3) the information is not so incomplete that it cannot serve as 
    a reliable basis for reaching the applicable determination,
        (4) 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
        (5) the information can be used without undue difficulties.

(f) Nonacceptance of submissions

    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.

(g) Public comment on 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.

(h) Termination of investigation or revocation of order for lack of 
        interest

    The administering authority may--
        (1) 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
        (2) 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.

(i) Verification

    The administering authority shall verify all information relied upon 
in making--
        (1) a final determination in an investigation,
        (2) a revocation under section 1675(d) of this title, and
        (3) a final determination in a review under section 1675(a) of 
    this title, if--
            (A) verification is timely requested by an interested party 
        as defined in section 1677(9)(C), (D), (E), (F), or (G) of this 
        title, and
            (B) 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.

(June 17, 1930, ch. 497, title VII, Sec. 782, as added Pub. L. 103-465, 
title II, Sec. 231(a), Dec. 8, 1994, 108 Stat. 4893.)


                             Effective Date

    Section 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 an Effective Date of 1994 Amendment note under 
section 1671 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 1677e of this title.
