Legal Framework

The outside lawyers assisting the foreign company have an important role to play, both before and during the verification.

The importance of preparing thoroughly for the verification cannot be overemphasized. The first step in the preparations is to anticipate the need for verification at the same time that the response is being prepared, so that the company staff save and organize the important information.

Given the amount of detail that the Commerce Department expects, a week is a short time within which to finish a verification. A foreign company must therefore organize its materials to help the verification go as smoothly and efficiently as possible.

The Commerce Department usually gives the foreign company some flexibility in deciding on the order for presenting the various topics at the verification.

Foreign companies involved in anti-dumping investigations face a variety of potential staffing problems. First, companies involved in an investigation involving both price and cost have to anticipate the need to defend two verifications.

As noted above, a significant part of the verification is subjective - whether or not the Commerce Department staff believes in the accuracy and reliability of the company's accounting system. Because of this subjective element, it is important to develop a good working relationship with the Commerce Department staff members and win their trust.

Once the verification is finished, the Commerce Department staff members begin to draft the verification reports. During this period, the outside lawyers and the foreign company can often be of assistance to the Commerce Department staff in Washington DC.

In addition to the positive suggestions made above, there are a number of actions that should be avoided in verifications.

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