Page 178 - MANUAL OF SOP

CONFIDENTIALITY CHAPTER 7

LEGAL PROVISIONS

7.1. Article 6.5 of the ADA and Rule 7 of the Rules provide for the
protection of information submitted by the interested parties. The legal
provisions are as follows:

Article 6.5:
“Any information which is by nature confidential (for example,
because its disclosure 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 that person acquired
the information), or which is provided on a confidential basis
by parties to an investigation shall, upon good cause shown, be
treated as such by the authorities. Such information shall not
be disclosed without specific permission of the party submitting
it .”
1
Rule 7:
“Confidential information.-(1) Notwithstanding anything
contained in sub-rules (2), (3) and (7) of rule 6, sub-rule (2) of rule
12, sub-rule (4) of rule 15 and sub-rule (4) of rule 17, the copies
of applications received under sub-rule (1) of rule 5, or any other
information provided to the designated authority on a confidential
basis by any party in the course of investigation, shall, upon the
designated authority being satisfied as to its confidentiality, be

1 Refer to Para VII of Chapter 24 for WTO Jurisprudence. See Panel Report, Guatemala – Definitive
Anti-dumping Measures on Grey Portland Cement from Mexico, ¶ 8.219, WTO Doc. WT/DS156/R (Oct.
24, 2000); Panel Report; Panel Report, Russia - Anti-Dumping Duties on Light Commercial Vehicles from
Germany and Italy, WTO Doc. WT/DS479/R, (Jan. 27, 2017).

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