ITA Proposes Rule to Amend the Certification of Factual Information Submitted During AD & CV Duty Proceedings

Certifications Would Reference Possible Consequences for False Statements

According to the ITA, the proposed amendments are intended to strengthen the current certification requirements, so that it is clear what has been certified, by whom and when, and so that parties and their counsel are aware of the potential consequences of false certifications.

With respect to the company certification, proposed 19 CFR 351.303(g)(1) would indicate that the person(s) officially responsible for the presentation of factual information must file with each such submission the below certification regarding that information, as follows:

On this ______day of (month), (year), I, (name and title), currently employed by (company name), certify that I prepared or otherwise supervised the preparation of the attached submission of (identify the specific submission by title and date), pursuant to the (insert specified AD/CV duty investigation information). I certify that I had sole or substantial responsibility for preparation (or supervision of the preparation) of this submission and have a reasonable basis to formulate an informed judgment as to the accuracy and completeness of the information contained in this submission. If I supervised the preparation of this submission, I list below those other individuals with significant responsibility for preparation of part or all of the submission. I certify that the information contained in this submission is, to the best of my knowledge, accurate and complete. I am aware that this certification is deemed to be continuing in effect, such that I must notify Import Administration, in writing, if at any point in this segment of the proceeding I possess knowledge or have reason to know of any material misrepresentation or omission of fact in this submission or in any previously certified information upon which this submission relies. I am aware that the information contained in this submission is subject to the verification by the Department. I am also aware that U.S. law imposes criminal sanctions (including, but not limited to, 18 USC 1001) on individuals who knowingly make misstatements to the U.S. government. I also certify that the original of this signed certification will be maintained as part of my company's official records and will be available for inspection by Department of Commerce Officials during any verification.

Signed:

Date:

I supervised the preparation of this submission. The following is a list of those other individuals with significant responsibility for preparation of part or all of the submission:

Printed Name:

Title:

Section:

(In current 19 CFR 351.303(g)(1), the company certification must be made by the person's officially responsible for the presentation of factual information, but it is very brief, and reads as follows:

I, (name and title), currently employed by (person), certify that (1) I have read the attached submission, and (2) the information contained in this submission is, to the best of my knowledge, complete and accurate.)

In addition to the above-proposed company certification, the ITA is proposing to amend in a similar manner the representative certification that must be made by the person's legal counsel or other representative. See ITA's proposed revisions to 19 CFR 351.303(g)(2) for the proposed text of the representative certification.

(See ITT's Online Archives or 01/27/04 news, 04012715, for BP summary of an earlier ITA notice: (1) soliciting comments on possible changes to the certifications contained in 19 CFR 351.303(g), and (2) considering establishment of sanctions for false statements submitted during AD/CV duty proceedings.)

-written comments are due by November 22, 2004

ITA Contact - Elizabeth Seastrum (202) 482-0834

ITA Proposed Rule (D/N 040722214-4214-01, FR Pub 09/22/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-21209.pdf