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Code · BILL · 114th Congress · S. 891 (Introduced in Senate) — To amend the Tariff Act of 1930 to facilitate the administration and enforcement of antidumping and countervailing du... · Sec. 2

Sec. 2. Consequences of failure to cooperate with a request for information in a proceeding

199 words·~1 min read·/bill/114/s/891/is/section-2

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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 ; and by adding at the end the following: Notwithstanding any other provision of law, any determination made by the administering authority or the Commission in selecting the facts otherwise available or using an inference that is adverse to the interests of a party under subsection (b)(1)(A) shall not be subject to judicial review. .
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Sec. 2
Consequences of failure to cooperate with a request for information in a proceeding
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