19 C.F.R. § 351.307

Verification of information

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(a) Introduction. Prior to making a final determination in an investigation or issuing final results of review, the Secretary may verify relevant factual information. This section clarifies when verification will occur, the contents of a verification report, and the procedures for verification.

(b) In general. (1) Subject to paragraph (b)(4) of this section, the Secretary will verify factual information upon which the Secretary relies in:

(i) A final determination in a continuation of a previously suspended countervailing duty investigation (section 704(g) of the Act), countervailing duty investigation, continuation of a previously suspended antidumping investigation (section 705(a) of the Act), or antidumping investigation;

(ii) The final results of an expedited antidumping review;

(iii) A revocation under section 751(d) of the Act;

(iv) The final results of an administrative review, new shipper review, or changed circumstances review, if the Secretary decides that good cause for verification exists; and

(v) The final results of an administrative review if:

(A) A domestic interested party, not later than 100 days after the date of publication of the notice of initiation of review, submits a written request for verification; and

(B) The Secretary conducted no verification under this paragraph during either of the two immediately preceding administrative reviews.

(2) The Secretary may verify factual information upon which the Secretary relies in a proceeding or a segment of a proceeding not specifically provided for in paragraph (b)(1) of this section.

(3) If the Secretary decides that, because of the large number of exporters or producers included in an investigation or administrative review, it is impractical to verify relevant factual information for each person, the Secretary may select and verify a sample.

(4) The Secretary may conduct verification of a person if that person agrees to verification and the Secretary notifies the government of the affected country and that government does not object. If the person or the government objects to verification, the Secretary will not conduct verification and may disregard any or all information submitted by the person in favor of use of the facts available under section 776 of the Act and § 351.308.

(c) Verification report. The Secretary will report the methods, procedures, and results of a verification under this section prior to making a final determination in an investigation or issuing final results in a review.

(d) Procedures for verification. The Secretary will notify the government of the affected country that employees of the Department will visit with the persons listed below in order to verify the accuracy and completeness of submitted factual information. The notification will, where practicable, identify any member of the verification team who is not an officer of the U.S. Government. As part of the verification, employees of the Department will request access to all files, records, and personnel which the Secretary considers relevant to factual information submitted of:

(1) Producers, exporters, or importers;

(2) Persons affiliated with the persons listed in paragraph (d)(1) of this section, where applicable;

(3) Unaffiliated purchasers, or

(4) The government of the affected country as part of verification in a countervailing duty proceeding.

Notes of Decisions

Cited in 47 cases (19 in the last 5 years), 2000–2026 · leading case: Chia Far Indus. Factory Co., Ltd. v. United States, 343 F. Supp. 2d 1344 (Ct. Intl. Trade 2004).

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Chia Far Indus. Factory Co., Ltd. v. United States, 343 F. Supp. 2d 1344 (Ct. Intl. Trade 2004). · cites it 4× “Allegheny claims that Commerce acted correctly in rejecting Chia Far’s commission ledger submissions under 19 C.F.R. § 351.307 (d) because Commerce is only under an obligation to consider submitted information and Commerce “chose not to review the two aforementioned documents…”

GODACO Seafood Jt. Stock Co. v. United States, 2020 CIT 42 (Ct. Intl. Trade 2020). · cites it 6× “19 C.F.R. § 351.307 (b)(1)(iv)–(v). Consol.”

Hyundai Elec. v. United States, 15 F.4th 1078 (Fed. Cir. 2021). · cites it 3× “§ 1677m(i); 19 C.F.R. § 351.307 (b)(1)(v). Commerce’s regulations also provide that Commerce will conduct a verification when good cause exists.”

Jinko Solar Co., Ltd. v. United States, 2017 CIT 62 (Ct. Intl. Trade 2017). · cites it 2× “” 19 C.F.R. § 351.307 (d). Consistent with this objective, Commerce accepts new information at verification under limited circumstances: “only when: (1) the need for that information was not evident previously; (2) the.”

Stupp Corp. v. United States, 5 F.4th 1341 (Fed. Cir. 2021). “19 C.F.R. § 351.307 (a). Commerce issued a verification report in this case pertaining to SeAH’s sales data.”

Hontex Enter., Inc. v. United States, 248 F. Supp. 2d 1323 (Ct. Intl. Trade 2003). · cites it 2× “§ 1677m(i)(3); 19 C.F.R. § 351.307 (a). As noted by the Government, Commerce enjoys wide discretion in selecting its verification methodology.”

PT. Asia Pac. Fibers Tbk v. United States, 2023 CIT 175 (Ct. Intl. Trade 2023). · cites it 8× “22-00007 Page 11 also 19 C.F.R. § 351.307 (b)(1)(i) (“[T]he Secretary will verify factual information upon which the Secretary relies in: .”

Fujian Mach. & Equip. Imp. & Exp. Corp. v. United States, 178 F. Supp. 2d 1305 (Ct. Intl. Trade 2001). “See 19 C.F.R. § 351.307 (c) (2000). 3 . The arbitrary or capricious standard cited in Chevron and the abuse of discretion standard cited in Micron Tech, are identical.”

Özdemir Boru San. Ve Tic. Ltd. Sti. v. United States, 2017 CIT 142 (Ct. Intl. Trade 2017). “; see 19 C.F.R. § 351.307 (d) (2015). Nor is it for this court to mold Commerce’s- verification procedures more strictly than the statute provides.”

Eregli Demir Ve Celik Fabrikalari T.A.S v. United States, 308 F. Supp. 3d 1297 (Ct. Intl. Trade 2018). “3d 1333 , 1356 (2017) (quoting 19 C.F.R. § 351.307 (d) ). Commerce therefore accepts new information at verification "only when: (1) the need for that information was not evident previously; (2) the information makes minor corrections to information already on the record; or (3)…”

Linyi Chengen Imp. & Exp. Co. v. United States, 2019 CIT 67 (Ct. Intl. Trade 2019). · cites it 2× “§ 1677m(i)(1) ; see also 19 C.F.R. § 351.307 (b). At verification, Commerce employees "will request access to all files, records, and personnel which the Secretary considers relevant to factual information submitted of: [ ] producers, exporters, or importers.”

Gov't of Quebec v. United States, 105 F.4th 1359 (Fed. Cir. 2024). “19 C.F.R § 351.307(d). If the submitted information “cannot be verified,” Commerce may make determinations based on “the facts otherwise available” on the record.”

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— 19 C.F.R. § 351.307(d) — 3 cases

Gov't of Quebec v. United States (Fed. Cir. 2024).

Pastificio Gentile S.r.l. v. United States, 2025 CIT 115 (Ct. Intl. Trade 2025).

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