§ 1677m.
Conduct of investigations and administrative reviews
(a)
Treatment of voluntary responses in countervailing or antidumping duty investigations and reviews
(1)
In general
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—
(A)
such information is so submitted by the date specified—
(i)
for exporters and producers that were initially selected for examination, or
(ii)
for the foreign government, in a countervailing duty case where the administering authority has determined a single country-wide rate; and
(B)
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.
(2)
Determination of unduly burdensome
In determining if an individual examination under paragraph (1)(B) would be unduly burdensome, the administering authority may consider the following:
(A)
The complexity of the issues or information presented in the proceeding, including questionnaires and any responses thereto.
(B)
Any prior experience of the administering authority in the same or similar proceeding.
(C)
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.
(D)
Such other factors relating to the timely completion of each such investigation and review as the administering authority considers appropriate.
(b)
Certification of submissions
(c)
Difficulties in meeting requirements
(1)
Notification by interested party
(2)
Assistance to interested parties
(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), 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
(g)
Public comment on information
(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,
(3)
(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, § 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].)