Page 607 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

24.74. In a WTO Dispute China – Broiler Products (Article 21.5 – US) (DS-427), the
Panel explained what constitutes “information”.

“An investigating authority's request for information from an interested
party constitutes "information" within the meaning of Article 6.4, even
if made orally.”

24.75. In a WTO Dispute EU – Footwear (China) (DS-405), the panel laid the
following analysis:-

"Article 6.2 does not establish any specific obligations with respect to
disclosure of or access to information. Certainly, one can posit that any
failure to provide information to interested parties means that certain
arguments may not be made. This does not, however, mean that any
failure in this regard establishes a violation of Article 6.2. It would be
inappropriate to impose on investigating authorities a standard of
perfection in the conduct of investigations.”

24.76. In a WTO Dispute EU – Footwear (China) (DS-405), the panel explained
the relationship between Article 6.2 and other paragraphs of Article 6 of the Anti-
Dumping Agreement.

“There is nothing in the text of Article 6.2 that would require investigating
authorities to actively disclose information to interested parties.
Indeed, there is nothing specific in the text of Article 6.2 that relates to
'information' at all. The only specific proscription concerning the 'full
opportunity' for parties' defence of their interests is the obligation for
investigating authorities to, on request, provide opportunities for parties
to meet other parties with adverse interests. It is clear that the obligation
to provide for such meetings does not exhaust the scope of parties' rights
under Article 6.2. However, while a 'full opportunity' for the defence of
a party's interests may well include, conceptually, the notion of access to
information, the more specific provisions of Article 6, including Articles
6.1.2, 6.4, and 6.9, establish the obligations on investigating authorities
in this regard. Article 6.2 does not add anything specific to the obligations
on investigating authorities with respect to interested parties' ability to
see or receive information in the hands of the investigating authorities
established in other provisions of Article 6. Thus, while a failure to
comply with one of the more specific provisions of Article 6 concerning

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