Page 179 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

treated as such by it and no such information shall be disclosed to any other
party without specific authorization of the party providing such information .
2
(2) The designated authority may require the parties providing information
on a confidential basis to furnish non-confidential summary thereof and if,
in the opinion of a party providing such information, such information is not
susceptible of summary, such party may submit to the designated authority
a statement of reasons why summarization is not possible .
3
(3) Notwithstanding anything contained in sub-rule (2), if the designated
authority is satisfied that the request for confidentiality is not warranted or
the supplier of the information is either unwilling to make the information
public or to authorize its disclosure in a generalized or summary form, it may
4
disregard such information .”
SIGNIFICANCE
7.2. The ADA and the Rules as well as domestic jurisprudence have time and
again outlined the significance of confidentiality in an anti-dumping investigation.

7.3. It is of utmost importance that the claims of confidentiality must be
examined thoroughly and the information furnished on confidential basis should
not be disclosed to any other interested party. If the investigating team is of the view
that the confidentiality claims are not justified, it may seek a clarification from the
parties. However, the investigation team can reject the information if no satisfactory
clarification is provided.

7.4. The decision of the Hon’ble Supreme Court in Union of India v Meghmani
Organics Limited, has laid down the jurisprudence in the subject matter of
5
confidentiality. The main guiding principles are as follows:

2 Refer to Para VII of Chapter 24 for WTO Jurisprudence. Oswal Woollen Mills Ltd. v Designated Authority, 2000 (118)
ELT 275 Tri Del.
3 Refer to Para VII of Chapter 24 for WTO Jurisprudence. Union of India v Meghmani Organics Limited, (2016) 10 SCC
28 (India); Reliance Industries Ltd. v Designated Authority, (2006)10 SCC 368 (India).
4 Refer to Para VII of Chapter 24 for WTO Jurisprudence Sterlite Industries (India) Ltd. v Designated Authority,
2003ECR1018(SC) (India); Reliance Industries Ltd. v Designated Authority, (2006)10 SCC 368 (India).
5 Union of India v Meghmani Organics Limited, (2016) 10 SCC 28 (India).

156