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19 U.S.C. § 1677m — Conduct of investigations and administrative reviews
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675/a&num=0&edition=prelim) in which the administering authority has, under [section 1677f–1(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677f–1/c/2&num=0&edition=prelim) or [section 1677f–1(e)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677f–1/e/2/A&num=0&edition=prelim) (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 und
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Source file: Laws/federal/codes/united-states-code/title-19/section-1677m-conduct-of-investigations-and-administrative-reviews--a9966a1a0c.md
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Source location: Title 19, Chapter 4, § 1677m; chapter-004-tariff-act-of-1930.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675/a&num=0&edition=prelim) in which the administering authority has, under [section 1677f–1(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677f–1/c/2&num=0&edition=prelim) or [section 1677f–1(e)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677f–1/e/2/A&num=0&edition=prelim) (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675&num=0&edition=prelim) 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** 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), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675/d&num=0&edition=prelim), and
(3) a final determination in a review under [section 1675(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675/a&num=0&edition=prelim) of the same order, finding, or notice, except that this clause shall not apply if good cause for verification is shown.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** If—
(1) the administering authority determines that the government of a country or any public entity within the territory of a country is providing, directly or indirectly, a countervailable subsidy with respect to the manufacture, production, or export of a class or kind of merchandise imported, or sold (or likely to be sold) for importation, into the United States, and
(2) in the case of merchandise imported from a Subsidies Agreement country, the Commission determines that—
(A) an industry in the United States—
(i) is materially injured, or
(ii) is threatened with material injury, or
(B) the establishment of an industry in the United States is materially retarded,
by reason of imports of that merchandise or by reason of sales (or the likelihood of sales) of that merchandise for importation,
then there shall be imposed upon such merchandise a countervailing duty, in addition to any other duty imposed, equal to the amount of the net countervailable subsidy. For purposes of this subsection and [section 1671d(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671d/b/1&num=0&edition=prelim), a reference to the sale of merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise.
**(b) Subsidies Agreement country** For purposes of this subtitle, the term “Subsidies Agreement country” means—
(1) a WTO member country,
(2) a country which the President has determined has assumed obligations with respect to the United States which are substantially equivalent to the obligations under the Subsidies Agreement, or
(3) a country with respect to which the President determines that—
(A) there is an agreement i
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1671
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Periodic review of amount of duty**
(1) **In general** — At least once during each 12-month period beginning on the anniversary of the date of publication of a countervailing duty order under this subtitle or under section 1303 11 See References in Text note below. of this title, an antidumping duty order under this subtitle or a finding under the Antidumping Act, 1921, or a notice of the suspension of an investigation, the administering authority, if a request for such a review has been received and after publication of notice of such review in the Federal Register, shall—
(A) review and determine the amount of any net countervailable subsidy,
(B) review, and determine (in accordance with paragraph (2)), the amount of any antidumping duty, and
(C) review the current status of, and compliance with, any agreement by reason of which an investigation was suspended, and review the amount of any net countervailable subsidy or dumping margin involved in the agreement,
and shall publish in the Federal Register the results of such review, together with notice of any duty to be assessed, estimated duty to be deposited, or investigation to be resumed.
(2) **Determination of antidumping duties**
(A) *In general* — For the purpose of paragraph (1)(B), the administering authority shall determine—
(i) the normal value and export price (or constructed export price) of each entry of the subject merchandise, and
(ii) the dumping margin for each such entry.
(B) *Determination of antidumping or countervailing duties for new exporters and producers*
(i) *In general* — If the administering authority receives a request from an exporter or producer of the subject merchandise establishing that—
(I) such exporter or producer did not export the merc
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1675
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677m&num=0&edition=prelim),
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677m/i&num=0&edition=prelim),
the administering authority and the Commission shall, subject to [section 1677m(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677m/d&num=0&edition=prelim), use the facts otherwise available in reaching the applicable determination under this subtitle.
**(b) Adverse inferences**
(1) **In general** — 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—
(A) may use an inference that is adverse to the interests of that party in selecting from among the facts otherwise available; and
(B) is not required to determine, or make any adjustments to, a counter
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1677e
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Federal law — U.S. Code and appendices · legal_authorities
Page 422
TITLE 19—CUSTOMS DUTIES
§ 1677l
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1994 AMENDMENT
Pub. L. 103–465, title VI, § 621(b), Dec. 8, 1994, 108 Stat.
4993, provided that: ‘‘The amendments made by this
section [amending this section and sections 2171, 2411,
2702, 2905, 2906, 3107, 3111, and 3202 of this title] shall
take effect on the date on which the WTO Agreement
enters into force with respect to the United States
(Jan. 1, 1995).’’
§ 1677l. Repealed. Pub. L. 116–113, title VI, § 601,
Jan. 29, 2020, 134 Stat. 78
Section, Pub. L. 103–182, title VI, § 691(a), Dec. 8, 1993,
107 Stat. 2223; Pub. L. 114–125, title VIII, § 802(d)(2), Feb.
24, 2016, 130 Stat. 210, related to annual reports on anti-
dumping and countervailing duty collections.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective on the date the USMCA entered into
force (July 1, 2020), see section 601 of Pub. L. 116–113, set
out as a note under former section 3301 of this title.
§ 1677m. Conduct of investigations and adminis-
trative reviews
(a) Treatment of voluntary responses in counter-
vailing 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 author-
ity has, under section 1677f–1(c)(2) of this title
or section 1677f–1(e)(2)(A) of this title (which-
ever is applicable), limited the number of ex-
porters 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 ex-
porter or producer not initially selected for in-
dividual examinati
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1677m
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.