§ 165.23 Submission of factual information. All submissions of factual information to CBP must comply with the requirements specified in §§ 165.4 and 165.5 and this section. The submissions will be placed on the administrative record. ( a ) *Request for information by CBP.* In making a determination under § 165.27, CBP may require additional information as is necessary, from, among others: ( 1 ) An interested party that filed an allegation under § 165.11;
( 2 ) An importer who allegedly engaged in evasion;
( 3 ) A person that is a foreign producer or exporter of covered merchandise; and/or
( 4 ) The government of a country from which covered merchandise may have been exported.
( b ) *Voluntary submission of factual information.* The parties to the investigation may submit additional information in order to support the allegation of evasion or to negate or clarify the allegation of evasion.
( c ) *Time limits and service requirements* — ( 1 ) *Responses to CBP requests for factual information.* Factual information requested by CBP pursuant to paragraph (a) of this section must be submitted to CBP within the timeframe set forth by CBP in the request. The public version must also be served via an email message or through any other method approved or designated by CBP on the parties to the investigation. If CBP places new factual information on the administrative record on or after the deadline for submissions of new factual information pursuant to paragraph (c)(2) of this section (or if such information is placed on the record at CBP's request), the parties to the investigation will have 10 calendar days to provide rebuttal information to the new factual information.
( 2 ) *Voluntary submission of factual information.* ( i ) Factual information voluntarily submitted to CBP pursuant to paragraph (b) of this section must be submitted no later than 200 calendar days after CBP initiated the investigation under § 165.15, unless this deadline is officially extended by CBP solely at CBP's discretion. If CBP extends this deadline, parties to the investigation will be notified and may make submissions up through the end of the extended deadline. Voluntary submissions made after the 200th calendar day after initiation of the investigation, or after the extended deadline, will not be considered or placed on the administrative record, except rebuttal information as provided in paragraph (c)(2)(ii) of this section. The public version must also be served via an email message or through any other method approved or designated by CBP on the parties to the investigation.
( ii ) Parties to the investigation will have 10 calendar days from the date of placement of any new factual information on the record to provide rebuttal information to that new factual information, if the information being rebutted was placed on the administrative record no later than 200 calendar days after CBP initiated the investigation under § 165.15, or no later than the extended deadline.
( d ) *Oral discussions.* Notwithstanding the time limits in paragraph (c) of this section, CBP may request oral discussion either in-person or by teleconference. CBP will memorialize such discussions with a written summary that identifies who participated and the topic of discussion, and place the written summary on the administrative record. In the event that business confidential information is included in the written summary, CBP will also place a public version on the administrative record.
[81 FR 56482, Aug. 22, 2016, as amended at 89 FR 19260, Mar. 18, 2024]