---
kind: "section"
citation: "19 U.S.C. § 1677m"
title: "19"
title_heading: "Customs Duties"
number: "1677m"
heading: "Conduct of investigations and administrative reviews"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/1677m"
units:
  - "Chapter 4 — Tariff Act of 1930"
  - "Subtitle IV — Countervailing and Antidumping Duties"
  - "Part IV — General Provisions"
---

# §1677m. Conduct of investigations and administrative reviews

- (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](/usc/19/1675.md?p=a) in which the [administering authority](/usc/19/1677.md?p=1) has, under [section 1677f–1(c)(2) of this title](/usc/19/1677f–1.md?p=c-2) or [section 1677f–1(e)(2)(A) of this title](/usc/19/1677f–1.md?p=e-2-A) (whichever is applicable), limited the number of exporters or producers examined, or determined a single [country](/usc/19/1677.md?p=3)-wide rate, the [administering authority](/usc/19/1677.md?p=1) shall establish an individual countervailable subsidy rate or an individual [weighted average dumping margin](/usc/19/1677.md?p=35-B) for any [exporter or producer](/usc/19/1677.md?p=28) not initially selected for individual examination under such sections who submits to the [administering authority](/usc/19/1677.md?p=1) 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](/usc/19/1677.md?p=1) has determined a single [country](/usc/19/1677.md?p=3)-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](/usc/19/1677.md?p=1) 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)](#a-1-B) would be unduly burdensome, the [administering authority](/usc/19/1677.md?p=1) 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](/usc/19/1677.md?p=1) 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](/usc/19/1675.md) being conducted by the [administering authority](/usc/19/1677.md?p=1) 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](/usc/19/1677.md?p=1) considers appropriate.
- (b) **Certification of submissions—** Any [person](/usc/19/1683.md?p=8) providing factual information to the [administering authority](/usc/19/1677.md?p=1) or the [Commission](/usc/19/1677.md?p=2) in connection with a proceeding under this subtitle on behalf of the petitioner or any other [interested party](/usc/19/1677.md?p=9) shall certify that such information is accurate and complete to the best of that [person](/usc/19/1683.md?p=8)’s knowledge.
- (c) **Difficulties in meeting requirements—**
  - (1) **Notification by interested party—** If an [interested party](/usc/19/1677.md?p=9), promptly after receiving a request from the [administering authority](/usc/19/1677.md?p=1) or the [Commission](/usc/19/1677.md?p=2) for information, notifies the [administering authority](/usc/19/1677.md?p=1) or the [Commission](/usc/19/1677.md?p=2) (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](/usc/19/1677.md?p=1) or the [Commission](/usc/19/1677.md?p=2) (as the case may be) shall consider the ability of the [interested party](/usc/19/1677.md?p=9) 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](/usc/19/1677.md?p=1) and the [Commission](/usc/19/1677.md?p=2) shall take into account any difficulties experienced by [interested parties](/usc/19/1677.md?p=9), particularly small companies, in supplying information requested by the [administering authority](/usc/19/1677.md?p=1) or the [Commission](/usc/19/1677.md?p=2) in connection with investigations and reviews under this subtitle, and shall provide to such [interested parties](/usc/19/1677.md?p=9) any assistance that is practicable in supplying such information.
- (d) **Deficient submissions—** If the [administering authority](/usc/19/1677.md?p=1) or the [Commission](/usc/19/1677.md?p=2) determines that a response to a request for information under this subtitle does not comply with the request, the [administering authority](/usc/19/1677.md?p=1) or the [Commission](/usc/19/1677.md?p=2) (as the case may be) shall promptly inform the [person](/usc/19/1683.md?p=8) submitting the response of the nature of the deficiency and shall, to the extent practicable, provide that [person](/usc/19/1683.md?p=8) 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](/usc/19/1683.md?p=8) submits further information in response to such deficiency and either—
  - (1) the [administering authority](/usc/19/1677.md?p=1) or the [Commission](/usc/19/1677.md?p=2) (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](/usc/19/1677.md?p=1) or the [Commission](/usc/19/1677.md?p=2) (as the case may be) may, subject to [subsection (e)](#e), disregard all or part of the original and subsequent responses.

- (e) **Use of certain information—** In reaching a determination under section [1671b](/usc/19/1671b.md), [1671d](/usc/19/1671d.md), [1673b](/usc/19/1673b.md), [1673d](/usc/19/1673d.md), [1675](/usc/19/1675.md), or [1675b](/usc/19/1675b.md) of this title the [administering authority](/usc/19/1677.md?p=1) and the [Commission](/usc/19/1677.md?p=2) shall not decline to consider information that is submitted by an [interested party](/usc/19/1677.md?p=9) and is necessary to the determination but does not meet all the applicable requirements established by the [administering authority](/usc/19/1677.md?p=1) or the [Commission](/usc/19/1677.md?p=2), 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](/usc/19/1677.md?p=9) has demonstrated that it acted to the best of its ability in providing the information and meeting the requirements established by the [administering authority](/usc/19/1677.md?p=1) or the [Commission](/usc/19/1677.md?p=2) with respect to the information, and
  - (5) the information can be used without undue difficulties.
- (f) **Nonacceptance of submissions—** If the [administering authority](/usc/19/1677.md?p=1) or the [Commission](/usc/19/1677.md?p=2) 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](/usc/19/1683.md?p=8) 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](/usc/19/1677.md?p=1) or the [Commission](/usc/19/1677.md?p=2) 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](/usc/19/1677.md?p=1) or the [Commission](/usc/19/1677.md?p=2) shall provide. The [administering authority](/usc/19/1677.md?p=1) and the [Commission](/usc/19/1677.md?p=2), before making a final determination under section [1671d](/usc/19/1671d.md), [1673d](/usc/19/1673d.md), [1675](/usc/19/1675.md), or [1675b](/usc/19/1675b.md) 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](/usc/19/1677.md?p=1) or the [Commission](/usc/19/1677.md?p=2) (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](/usc/19/1677.md?p=1) may—
  - (1) terminate an investigation under part I or II of this subtitle with respect to a [domestic like product](/usc/19/1677.md?p=10) if, prior to publication of an order under section [1671e](/usc/19/1671e.md) or [1673e](/usc/19/1673e.md) of this title, the [administering authority](/usc/19/1677.md?p=1) determines that producers accounting for substantially all of the production of that [domestic like product](/usc/19/1677.md?p=10) have expressed a lack of interest in issuance of an order; and
  - (2) revoke an order issued under section [1671e](/usc/19/1671e.md) or [1673e](/usc/19/1673e.md) of this title with respect to a [domestic like product](/usc/19/1677.md?p=10), or terminate an investigation suspended under section [1671c](/usc/19/1671c.md) or [1673c](/usc/19/1673c.md) of this title with respect to a [domestic like product](/usc/19/1677.md?p=10), if the [administering authority](/usc/19/1677.md?p=1) determines that producers accounting for substantially all of the production of that [domestic like product](/usc/19/1677.md?p=10), have expressed a lack of interest in the order or suspended investigation.
- (i) **Verification—** The [administering authority](/usc/19/1677.md?p=1) 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](/usc/19/1675.md?p=d), and
  - (3) a final determination in a review under [section 1675(a) of this title](/usc/19/1675.md?p=a), if—
    - (A) verification is timely requested by an [interested party](/usc/19/1677.md?p=9) as defined in [section 1677(9)(C)](/usc/19/1677.md?p=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](/usc/19/1675.md?p=a) of the same order, finding, or notice, except that this clause shall not apply if good cause for verification is shown.

## Source credit

(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.)

## Notes

### 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.
