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

Never make a false statement

It is important to distinguish a limited answer-one that answers only part question from a false answer. A limited answer is consistent with the company's right to defend itself vigorously. A false answer can destroy the company's credibility and result in the company failing verification. If the Commerce Department does not ask direct and specific questions, the company is under no obligation to volunteer damaging information.

Never submit a false or forged document

Although it may be tempting to solve a difficult verification problem by submitting a fabricated document, it should never be done. If such an action were discovered, the company's credibility would be permanently destroyed and the company might never again pass verification. Moreover, submitting false documents might even be a criminal offence in certain circumstances.

Never submit a document that has not been carefully reviewed

It is crucial that every document submitted to the Commerce Department be carefully reviewed. Headings on the document, or seemingly innocent notations, could be very damaging. In addition, all discrepancies should be uncovered before the document is submitted, so that the company and lawyers can develop the best possible explanations.

Never allow a company official to speak with the Commerce Department without preparation

Like documents that have not been reviewed, people who have not been prepared can sometimes create serious problems in the verification. Company officials should understand what is happening in the verification, and what positions the company is trying to take. Without preparation, an innocent comment could destroy the company's credibility and overall strategy.

Never volunteer information that might damage the company's credibility

Companies sometimes make questionable payments in developing countries, or become involved in judicial or administrative proceedings that cast doubt on their honesty or credibility. Company officials should never volunteer such information, even in a joking way. Any topic reflecting negatively on a company's credibility should come only in response to a direct and specific question.

Never guess about the answer to a question

If company officials do not know the answer to a question, they should not answer. Mistaken guesses, and the impressions they leave, are difficult to correct later in the verification. It is better to delay the answer for a while, but to make sure it is correct. A company has the right to present itself in the best possible light. Officials who are unsure about whether a particular way of answering a question is good or bad should check with their lawyer. Most of this checking can be done before the sessions with the Commerce Department staff. Even during the verification, however, it is usually possible to make arrangements for a brief, informal consultation.

Never directly refuse to give a document to the Commerce Department

A refusal to provide a document - even an unimportant document - creates a serious risk that the Commerce Department will use 'facts available'. It may be possible, however, to avoid providing a particular document. For example, suggesting an alternative document that can serve the same purpose is often successful. If the company delays, the Commerce Department staff member sometimes forgets about the particular document or topic. If the Commerce Department persists, however, a company has little choice but to cooperate, or risk the adverse consequences of not cooperating.

Source: Business Guide to Trade Remedies in the United States: Anti-dumping, countervailing and safeguards legislation practices and procedures