Page:United States Statutes at Large Volume 108 Part 6.djvu/328

 108 STAT. 4896 PUBLIC LAW 103-465—DEC. 8, 1994 Uke 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— by the administering authority or the Commission under this title, "(B) fails to provide such information by the deadHnes for submission of the information or in the form and manner requested, subject to subsections (c)(1) and (e) of section 782, "(C) significantiy 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 otJhierwise available in reaching the applicable determination under this title. "(b) ADVERSE INFERENCES.—I f 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 fi:x)m 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 fix)m among the facts otherwise available. Such adverse inference may include reUance on information derived fit)m— "(1) the petition, "(2) a final determination in the investigation under this title,
 * (A) withholds information that has been requested

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