19 U.S.C. § 1677n — Antidumping petitions by third coun-

Page 423 TITLE 19—CUSTOMS DUTIES § 1677n (2) such response is not submitted within the applicable time limits, then the administering authority or the Com- mission (as the case may be) may, subject to subsection (e), disregard all or part of the origi- nal 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 Com- mission shall not decline to consider informa- tion that is submitted by an interested party and is necessary to the determination but does not meet all the applicable requirements estab- lished by the administering authority or the Commission, if— (1) the information is submitted by the dead- line 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 pro- viding the information and meeting the re- quirements 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 Commis- sion declines to accept into the record any infor- mation submitted in an investigation or review under this subtitle, it shall, to the extent prac- ticable, provide to the person submitting the in- formation 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 admin- istering 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 par- ties with a final opportunity to comment on the information obtained by the administering au- thority or the Commission (as the case may be) upon which the parties have not previously had an opportunity to comment. Comments con- taining new factual information shall be dis- regarded. (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 pro- ducers 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 pre- ceding 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.) Editorial Notes AMENDMENTS 2015—Subsec. (a). Pub. L. 114–27 designated existing provisions as par. (1) and inserted heading, redesignated former par. (1) and subpars. (A) and (B) as subpar. (A) and cls. (i) and (ii), respectively, added par. (2), and re- designated former par. (2) as subpar. (B) of par. (1) and amended it generally. Prior to amendment, subpar. (B) of par. (1) read as follows: ‘‘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.’’ Statutory Notes and Related Subsidiaries 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 speci- fied provisions of this chapter after such date, see sec- tion 291 of Pub. L. 103–465, set out as an Effective Date of 1994 Amendment note under section 1671 of this title. § 1677n. Antidumping petitions by third coun- tries (a) Filing of petition The government of a WTO member may file with the Trade Representative a petition re- questing that an investigation be conducted to determine if— (1) imports from another country are being sold in the United States at less than fair value, and Page 424 TITLE 19—CUSTOMS DUTIES § 1681 (2) an industry in the petitioning country is materially injured by reason of those imports. (b) Initiation The Trade Representative, after consultation with the administering authority and the Com- mission and obtaining the approval of the WTO Council for Trade in Goods, shall determine whether to initiate an investigation described in subsection (a). (c) Determinations Upon initiation of an investigation under this section, the Trade Representative shall request the following determinations be made according to substantive and procedural requirements specified by the Trade Representative, notwith- standing any other provision of this subtitle: (1) The administering authority shall deter- mine whether imports into the United States of the subject merchandise are being sold at less than fair value. (2) The Commission shall determine whether an industry in the petitioning country is ma- terially injured by reason of imports of the subject merchandise into the United States. (d) Public comment An opportunity for public comment shall be provided, as appropriate— (1) by the Trade Representative, in making the determination required by subsection (b), and (2) by the administering authority and the Commission, in making the determination re- quired by subsection (c). (e) Issuance of order If the administering authority makes an af- firmative determination under paragraph (1) of subsection (c), and the Commission makes an af- firmative determination under paragraph (2) of subsection (c), the administering authority shall issue an antidumping duty order in accordance with section 1673e of this title and take such other actions as are required by section 1673e of this title. (f) Reviews of determinations For purposes of review under section 1516a of this title or review under section 1675 of this title, if an order is issued under subsection (e), the final determinations of the administering authority and the Commission under this sec- tion shall be treated as final determinations made under section 1673d of this title. (g) Access to information Section 1677f of this title shall apply to inves- tigations under this section, to the extent speci- fied by the Trade Representative, after consulta- tion with the administering authority and the Commission. (June 17, 1930, ch. 497, title VII, § 783, as added Pub. L. 103–465, title II, § 232(a), Dec. 8, 1994, 108 Stat. 4897; amended Pub. L. 104–295, § 20(b)(17), Oct. 11, 1996, 110 Stat. 3528.) Editorial Notes AMENDMENTS 1996—Subsec. (f). Pub. L. 104–295 substituted ‘‘sub- section (e)’’ for ‘‘subsection (d)’’. Statutory Notes and Related Subsidiaries 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 speci- fied provisions of this chapter after such date, see sec- tion 291 of Pub. L. 103–465, set out as an Effective Date of 1994 Amendment note under section 1671 of this title. SUBTITLE V—REQUIREMENTS APPLICABLE TO IMPORTS OF CERTAIN CIGARETTES AND SMOKELESS TOBACCO PRODUCTS Editorial Notes CODIFICATION Pub. L. 109–432, div. C, title IV, § 401(e)(4)(A), Dec. 20, 2006, 120 Stat. 3049, inserted ‘‘AND SMOKELESS TO- BACCO PRODUCTS’’ after ‘‘CIGARETTES’’ in subtitle heading. Subtitle is comprised of title VIII of act June 17, 1930, as added by Pub. L. 106–476, title IV, § 4004(a), Nov. 9, 2000, 114 Stat. 2178. Another title VIII of act June 17, 1930, was added by Pub. L. 110–246, title III, § 3301(a), June 18, 2008, 122 Stat. 1844, and is classified to subtitle VI (§ 1683 et seq.) of this chapter. § 1681. Definitions In this subtitle: (1) Secretary Except as otherwise indicated, the term ‘‘Secretary’’ means the Secretary of the Treasury. (2) Primary packaging The term ‘‘primary packaging’’ refers to the permanent packaging inside of the innermost cellophane or other transparent wrapping and labels, if any. Warnings or other statements shall be deemed ‘‘permanently imprinted’’ only if printed directly on such primary pack- aging and not by way of stickers or other simi- lar devices. (3) Delivery sale The term ‘‘delivery sale’’ means any sale of cigarettes or a smokeless tobacco product to a consumer if— (A) the consumer submits the order for such sale by means of a telephone or other method of voice transmission, the mail, or the Internet or other online service, or the seller is otherwise not in the physical pres- ence of the buyer when the request for pur- chase or order is made; or (B) the cigarettes or smokeless tobacco product is delivered by use of a common car- rier, private delivery service, or the mail, or the seller is not in the physical presence of the buyer when the buyer obtains personal possession of the delivered cigarettes or smokeless tobacco product. (June 17, 1930, ch. 497, title VIII, § 801, as added Pub. L. 106–476, title IV, § 4004(a), Nov. 9, 2000, 114 Stat. 2178; amended Pub. L. 109–432, div. C, title IV, § 401(a), Dec. 20, 2006, 120 Stat. 3047.) Editorial Notes AMENDMENTS 2006—Par. (3). Pub. L. 109–432 added par. (3).