EVIDENCE.

SEC. 231. EVIDENCE. (a) Conduct of Investigations and Administrative Reviews.—Subtitle D of title VII (19 U.S.C. 1671) is amended by adding at the end the following new section: “SEC. 782. CONDUCT OF INVESTIGATIONS AND ADMINISTRATIVE REVIEWS. “(a) Treatment of Voluntary Responses in Countervailing or Antidumping Duty Investigations and Reviews.—In any investigation under subtitle A or B or a review under section 751(a) in which the administering authority has, under section 777A(c)(2) or section 777A(e)(2)(A) (whichever is applicable), limited the number of exporters or producers examined, or determined a single country-wide rate, the administering authority shall estab-108 STAT. 4894list 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— “(1) such information is so submitted by the date specified— “(A) for exporters and producers that were initially selected for examination, or “(B) for the foreign government, in a countervailing duty case where the administering authority has determined a single country-wide rate; and “(2) 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. “(b) Certification of Submissions.—Any person providing factual information to the administering authority or the Commission in connection with a proceeding under this title 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 title, 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 title 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 title. If that person submits further information in response to such deficiency and either— 108 STAT. 4895 “(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 703, 705, 733, 735, 751, or 753 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 title, 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 title 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 705, 735, 751, or 753 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 subtitle A or B with respect to a domestic like product if, prior to publication of an order under section 706 or 736, 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 706 or 736 with respect to a domestic like product, or terminate an investigation suspended under section 704 or 734 with respect to a domestic 108 STAT. 4896like 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 751(d), and “(3) a final determination in a review under section 751(a), if— “(A) verification is timely requested by an interested party as defined in section 771(9)(C), (D), (E), (F), or (G), and “(B) no verification was made under this subparagraph during the 2 immediately preceding reviews and determinations under section 751(a) of the same order, finding, or notice, except that this clause shall not apply if good cause for verification is shown.”. (b) Availability of Nonproprietary Information.—Section 777(a)(4) (19 U.S.C. 1677f(a)(4)) is amended by striking “may disclose” and inserting “shall disclose”. (c) Determinations on the Basis of the Facts Available.—Section 776 (19 U.S.C. 1677e) is amended to read as follows: “SEC. 776. DETERMINATIONS ON THE BASIS OF THE FACTS AVAILABLE. “(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 title, “(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 782, “(C) significantly impedes a proceeding under this title, or “(D) provides such information but the information cannot be verified as provided in section 782(i), the administering authority and the Commission shall, subject to section 782(d), use the facts otherwise available in reaching the applicable determination under this title. “(b) Adverse Inferences.—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 title, may use an inference that is adverse to the interests of that party in selecting from among the facts otherwise available. Such adverse inference may include reliance on information derived from— “(1) the petition, “(2) a final determination in the investigation under this title, 108 STAT. 4897 “(3) any previous review under section 751 or determination under section 753, or “(4) any other information placed on the record. “(c) Corroboration of Secondary Information.—When the administering authority or the Commission relies on secondary information rather than on information obtained in the course of an investigation or review, the administering authority or the Commission, as the case may be, shall, to the extent practicable, corroborate that information from independent sources that are reasonably at their disposal.”. (d) Conforming Amendments.— (1) Section 777(e) (19 U.S.C. 1677f(e)) is repealed. (2) The table of contents for title VII is amended— (A) by amending the item relating to section 776 to read as follows: “Sec. 776. Determinations on the basis of the facts available.”; and (B) by inserting after the item relating to section 781 the following new item: “Sec. 782. Conduct of investigations and administrative reviews.”.