To determine whether covered merchandise is being entered into the customs territory of the United States through evasion, the Secretary, acting through the Commissioner-
(1) shall exercise all existing authorities to collect information needed to make the determination; and
(2) may collect such additional information as is necessary to make the determination through such methods as the Commissioner considers appropriate, including by issuing questionnaires with respect to the entry or entries at issue to-
(A) a person who filed an allegation with respect to the covered merchandise;
(B) a person who is alleged to have entered the covered merchandise into the customs territory of the United States through evasion; or
(C) any other person who is determined to have information relevant to the allegation of entry of covered merchandise into the customs territory of the United States through evasion.
If the Secretary finds that a person described in subparagraph (B) has failed to cooperate by not acting to the best of the person's ability to comply with a request for information under subsection (a), the Secretary may, in making a determination whether an entry or entries of covered merchandise may constitute merchandise that is entered into the customs territory of the United States through evasion, use an inference that is adverse to the interests of that person in selecting from among the facts otherwise available to determine whether evasion has occurred.
A person described in this subparagraph is-
(i) a person who filed an allegation with respect to covered merchandise;
(ii) a person alleged to have entered covered merchandise into the customs territory of the United States through evasion; or
(iii) a foreign producer or exporter of covered merchandise that is alleged to have entered into the customs territory of the United States through evasion.
An inference described in subparagraph (A) may be used under that subparagraph with respect to a person described in clause (ii) or (iii) of subparagraph (B) without regard to whether another person involved in the same transaction or transactions under examination has provided the information sought by the Secretary, such as import or export documentation.
An adverse inference used under paragraph (1)(A) may include reliance on information derived from-
(A) the allegation of evasion of the trade remedy laws, if any, submitted to U.S. Customs and Border Protection;
(B) a determination by the Commissioner in another investigation, proceeding, or other action regarding evasion of the unfair trade laws; or
(C) any other available information.
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