Page 181 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

7.5.3 The non-confidential version should be a replica of the confidential version
7
with the confidential information replaced with asterisk symbols, in order to permit
a reasonable understanding of the substance of the information submitted in
confidence .
8
7.5.4 The detailed item-wise disclosure requirement with regard to confidentiality/
non-confidentiality is elaborated in Trade Notice No. 10/2018 dated 7.9.2018. This
has to be strictly adhered to.

7.5.5 These guidelines on confidentiality shall apply to the application and/or
Questionnaire responses, as applicable, filed by parties in all investigations initiated.
However, the Authority may permit deviation from the said guidelines as issued
vide Trade Notice No. 10/2018 dated 07.09.2018, on a case to case basis, if the
party seeking the same can establish to the Authority a good cause for the same.

Duties of the Designated Authority regarding confidentiality

7.5.6 The claim of confidentiality by any party including the DI on any information,
data, document, etc. shall be considered appropriately and expeditiously subject
to the provisions of Rule 7. The decision of DG in the form of a speaking order
regarding acceptance/rejection of the claim of confidentiality shall be issued and
uploaded on the website of DGTR at least 10 days before the oral hearing.

7.5.7 Subject to the claim of confidentiality, any information, which is by nature
confidential can be treated as confidential on account of the reasons that the
disclosure of such information would be of significant competitive advantage to a
competitor or because its disclosure would have a significantly adverse effect upon
a person supplying the information or upon a person from whom he acquired the
information.

7.5.8 The DG on being satisfied and having accepted the claim for confidentiality,
shall not disclose it to any party without the specific written authorization of the
party providing such information. Careful consideration should be given to the
information that is to be treated as confidential as was held by the Hon’ble Gujarat
High Court in Meghani Organics, that:

“This whole exercise undertaken by the Designated Authority and
withholding of certain relevant data of its preliminary finding is certainly

7 Trade Notice No. 01/2009 dated 25.03.2009 (attached below)
8 Refer to Para VII of Chapter 24 for WTO Jurisprudence.

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