Title 19, Customs DutiesRelease 119-110
§1677m Conduct of Investigations and Administrative Reviews
Title 19 › CHAPTER 4 — TARIFF ACT OF 1930 › SUBTITLE IV — COUNTERVAILING AND ANTIDUMPING DUTIES › Part IV — General Provisions › § 1677m
Summary
The agency must give an individual subsidy rate or dumping margin to any exporter or producer who was not picked for a full review if that company sends the same requested information by the same deadline as those who were picked, and if examining more companies would not be too burdensome or delay the case. To decide if extra exams are too burdensome, the agency can consider how complex the case is, past experience, how many other cases it is handling, and other timing factors. Anyone who sends facts to the agency or the Commission must say the information is accurate and complete to the best of their knowledge. If a party cannot meet an information request, it must quickly explain why and suggest other ways to provide the data; the agency should consider this and may relax requirements and help parties, especially small companies. If a response is deficient, the agency must say what is missing and, when possible, let the party fix or explain it in time. If the fix is late or unsatisfactory, the agency may ignore some or all of the submissions, subject to the rule below. The agency must not refuse needed information just because it misses a rule if (1) it was on time, (2) it can be verified, (3) it is not too incomplete to be reliable, (4) the party tried its best, and (5) it can be used without undue difficulty. If the agency rejects information, it should try to give a written reason. Parties can comment on timely submissions, and the agency will give a final chance to comment before a decision; new factual material in late comments will be ignored. The agency may end an investigation or cancel an order if producers making substantially all of the product say they are not interested. The agency must verify information used for final decisions or revocations if verification is timely requested by an interested party and no verification was done in the 2 immediately preceding reviews of the same order, unless good cause is shown.
Full Legal Text
Title 19, §1677m
Customs Duties, Source: USLM XML via OLRC
(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
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, 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.
Legislative History
Notes & Related Subsidiaries
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 redesignated 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 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.
Reference
Citations & Metadata
Citation
19 U.S.C. § 1677m
Title 19, Customs Duties
Last Updated
Sep 22, 2026
Release point: 119-110