Page 182 - MANUAL OF SOP

Confidentiality

causing prejudice not only to the petitioners but all importers and in absence
of such data in respect of its finding, it is practically impossible for them to
raise any objection or to make any effective submission. The data on its
conclusions is not revealed by the D.A. under a claim of confidentiality under
Rule 7. On reading the said provisions, we find that Rule 7 contemplates
confidentiality only in respect of information and not conclusion or data of
conclusion. The claim of confidentiality by D.A. is, therefore, not well found.
This excessive claim of confidentiality defeats the right to appeal .”
9
7.5.9 The NIP computed for the DI shall be disclosed only to the relevant producer
/ DI, in case of several parties. Further, the disclosure of such information should
be in accordance with the Trade Notice 10/2018 dated 7.9.2018. Similarly, the NV
workings, NEP & LV shall be disclosed to the respective producer/exporter from the
respective country.

7.5.10 In the event the claim for confidentiality is to be rejected, the Authority shall
pass an order within a reasonable time, but before the non-confidential version is
communicated to the concerned interested parties, about its decision on the claims
of confidentiality by the supplier of the information. A copy of the said order shall
be kept in a public file.

7.5.11 If a request for confidentiality has been rejected as not being warranted
and yet the supplier of the information is either unwilling to make the information
public or to authorize its disclosure in generalized or summary form, the team may
disregard such information and the same shall not be taken on record.

7.5.12 The claim of confidentiality should not be allowed merely on the ground
that the said information is not available in the public domain.

Trade Notices

7.6. Various Trade Notices have been issued at various instances to deal with the
claim of confidentiality. The details are as below and copies are attached herewith.

7.6.1. Trade Notice No. 2/2000 dated 28 August 2000 provides the requirements
th
regarding the information to be submitted by the interested parties while making a
claim of confidentiality; description of information, request in writing for information
to be treated as confidential along with a justification for the same. Simultaneously,

9 Meghani Organics Ltd. v Union of India, 2011 (267) ELT 440 (Gujarat High Court).

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