Page 180 - MANUAL OF SOP

Confidentiality

7.4.1 Rule 7 does not contemplate any right on DA to claim confidentiality .
6
7.4.2 The right is restricted to interested parties and the parties have to claim
confidentiality, as it is not something which is automatically assumed.

7.4.3 Information other than that claimed as confidential must be shown to all
the other interested parties, in terms of Article 6.4 of the ADA.

7.4.4 Sufficient cause has to be shown by the parties while claiming confidentiality;
if revealed,it would give a significant advantage to the competitor and would have
a significant adverse impact on the person supplying the information.

7.4.5 The parties providing confidential information should provide Non-
confidential summary of the document, so that other parties can reasonably and
meaningfully rebut the information.

OPERATING PRACTICES
7.5. The following should be kept in mind while examining the claim of
confidentiality and the acceptance or rejection of confidential information supplied
by any party during the proceedings in terms of the Trade Notice No. 10/2018
dated 7.9.2018.

Filing of non-confidential version of the information

7.5.1 Any party claiming confidentiality on any part of the application or
questionnaire response or submission, in any investigation shall be required to file
a non-confidential version of the same.
7.5.2 The confidential version should specifically be marked as “Confidential” on
each page of the document. Any submission made without such marking shall be
deemed as non-confidential, in part or whole, and may be placed in the public file
and made available to all the interested parties without any further reference to the
party supplying such information.

6 The Supreme Court made an important observation on the applicability and relevance of Rule 7 in Sterlite Industries
(India) Ltd. v. Designated Authority, 2003 (158) ELT 673 (SC) ¶ 3:
“It must be remembered that not making relevant material available to the other side affects the other side, as they
get handicapped in filing an effective appeal. Therefore, confidentiality under Rule 7 is not something, which must
be automatically assumed. Of course, in such cases there is need for confidentiality, as otherwise trade competitors
would obtain confidential information, which they cannot otherwise get. But whether information supplied is
required to be kept confidential has to be considered on a case-to-case basis. It is for the Designated Authority to
decide whether a particular material is required to be kept confidential. Even where confidentiality is required, it will
always be open for the appellate authority, namely, CEGAT to look into the relevant files.”

157