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. The foreign company should begin developing this relationship early in the investigation. At the verification, developing this relationship becomes even more crucial.

It is impossible to set forth comprehensive guidelines for establishing a good working relationship with every type of Commerce Department staff. Like every organization, the Commerce Department has both good and bad professional staff. A foreign company should learn as much as possible about the particular staff people assigned to the investigation, and their reputation. Sometimes the outside lawyer will have had experience working with the same staff people on other anti-dumping investigations.

Regardless of the person, it is always helpful to have a pleasant, comfortable work environment for the verification. In general, the company should make the verification as smooth and as pleasant an experience as possible for the Commerce Department staff. The Commerce Department staff members are people, and cannot help but react (even if only on a subconscious level) to the environment of the verification. A clean, well-lit room is a must. Because verifications usually last a week or more, it is not difficult to understand that those conducted in rooms with natural light and plenty of windows have a better chance of maintaining the good humour of the Commerce Department and company officials till the end.

The topic of gifts, meals, and gratuities is important, but also somewhat delicate. The official Commerce Department position is that staff should accept nothing of value from the company. As a practical matter, however, most Commerce Department staff members accept modest lunch-time meals, especially if the company has the meals brought to the premises. Most staff recognize that simple catered meals (usually sandwiches) facilitate the verification.

More extravagant dinner-time meals present more of a dilemma for companies. Some staff members accept invitations to dinner. It is usually safe for a company to make one offer, and simply accept the initial response. It is a mistake to pressure a Commerce Department staff member to accept a dinner invitation.

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