Sec. 501. Consequences of failure to cooperate with a request for information in a proceeding
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Section 776 of the Tariff Act of 1930 ( 19 U.S.C. 1677e ) is amended— in subsection (b)— by redesignating paragraphs
(1)through
(4)as subparagraphs
(A)through (D), respectively, and by moving such subparagraphs, as so redesignated, 2 ems to the right; by striking and inserting the following: “ Adverse Inferences .—If Adverse Inferences .— If ; by striking under this title, may use and inserting the following: “under this title— may use ; and by striking facts otherwise available. Such adverse inference may include and inserting the following: “facts otherwise available; and is not required to determine, or make any adjustments to, a countervailable subsidy rate or weighted average dumping margin based on any assumptions about information the interested party would have provided if the interested party had complied with the request for information. An adverse inference under paragraph (1)(A) may include ; in subsection (c)— by striking and inserting the following: “ Corroboration of Secondary Information .—When the Corroboration of Secondary Information .— Except as provided in paragraph (2), when the ; and by adding at the end the following: The administrative authority and the Commission shall not be required to corroborate any dumping margin or countervailing duty applied in a separate segment of the same proceeding. ; and by adding at the end the following: If the administering authority uses an inference that is adverse to the interests of a party under subsection (b)(1)(A) in selecting among the facts otherwise available, the administering authority may— in the case of a countervailing duty proceeding— use a countervailable subsidy rate applied for the same or similar program in a countervailing duty proceeding involving the same country, or if there is no same or similar program, use a countervailable subsidy rate for a subsidy program from a proceeding that the administering authority considers reasonable to use, and in the case of an antidumping duty proceeding, use any dumping margin from any segment of the proceeding under the applicable antidumping order. In carrying out paragraph (1), the administering authority may apply any of the countervailable subsidy rates or dumping margins specified under that paragraph, including the highest such rate or margin, based on the evaluation by the administering authority of the situation that resulted in the administering authority using an adverse inference in selecting among the facts otherwise available. If the administering authority uses an adverse inference under subsection (b)(1)(A) in selecting among the facts otherwise available, the administering authority is not required, for purposes of subsection
(c)or for any other purpose— to estimate what the countervailable subsidy rate or dumping margin would have been if the interested party found to have failed to cooperate under subsection (b)(1) had cooperated, or to demonstrate that the countervailable subsidy rate or dumping margin used by the administering authority reflects an alleged commercial reality of the interested party. .
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Sec. 501
Consequences of failure to cooperate with a request for information in a proceeding
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