19 U.S.C. § 1677m — Conduct of investigations and adminis-

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 Repealed.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 examination under such sections who submits to the administering authority the in- formation requested from exporters or pro- ducers 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 admin- istering 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 ex- amination of such exporters or producers would be unduly burdensome to the admin- istering 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 bur- densome, the administering authority may consider the following: (A) The complexity of the issues or infor- mation presented in the proceeding, includ- ing questionnaires and any responses there- to. (B) Any prior experience of the admin- istering 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 ad- ministering authority as of the date of the determination. (D) Such other factors relating to the timely completion of each such investiga- tion and review as the administering author- ity 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 sub- title on behalf of the petitioner or any other in- terested party shall certify that such informa- tion 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 receiv- ing a request from the administering author- ity or the Commission for information, noti- fies the administering authority or the Com- mission (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 alter- native forms in which such party is able to submit the information, the administering au- thority or the Commission (as the case may be) shall consider the ability of the interested party to submit the information in the re- quested 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 Com- mission shall take into account any difficul- ties experienced by interested parties, particu- larly small companies, in supplying informa- tion requested by the administering authority or the Commission in connection with inves- tigations and reviews under this subtitle, and shall provide to such interested parties any as- sistance that is practicable in supplying such information. (d) Deficient submissions If the administering authority or the Commis- sion 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 re- sponse 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 fur- ther information in response to such deficiency and either— (1) the administering authority or the Com- mission (as the case may be) finds that such response is not satisfactory, or 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