Page 587 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

give public notice, and it considered that these separate obligations "must
both be fulfilled in any given investigation.”
24.22. WTO Panel in the dispute EC – Bed Linen observed:

“The only basis, in our view, on which a panel can determine whether a
Member’s investigating authority has examined the accuracy and adequacy
of the information in the application is by reference to the determination
that examination is in aid of - the determination whether there is sufficient
evidence to justify initiation. That is, if the investigating authority properly
determined that there was sufficient evidence to justify initiation, that
determination can only have been made based on an examination of
the accuracy and adequacy of the information in the application, and
consideration of additional evidence (if any) before it.”
VII. CONFIDENTIALITY:

24.23. In a WTO dispute Guatemala – Cement II (DS-156), the Panel has explained
the two types of confidentiality.

“The text of Article 6.5 distinguishes between two types of confidential
information: (1) 'information which is by nature confidential', and (2)
information 'which is provided on a confidential basis'. Article 6.5 then
provides that the provision of confidential treatment is conditional on 'good
cause' being shown. As per Article 6.5, the requirement to show 'good
cause' appears to apply for both types of confidential information, such
that even information 'which is by nature confidential' cannot be afforded
confidential treatment unless 'good cause' has been shown.”

24.24. In a WTO dispute Korea – Certain Paper (DS-312), the Panel has interpreted
article 6.4 and 6.5 stating that the confidential information cannot be denied access
to by the party submitting that information.

“Article 6.4 precludes the Investigation Authority from disclosing
confidential information to the interested parties. However, that provision
cannot, possibly be interpreted to deny an interested party access to its own
confidential information. That is, confidentiality cannot be used as the basis
for denying access to information against the company, which submitted
the information. The notion of confidentiality, as elaborated upon in Article

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