ECONOMY IN TERMS OF SECTION 32 (4) OF THE INTERNATIONAL TRADE ADMINISTRATION ACT QUESTIONNAIRE
AUGUST 2003
INTERNATIONAL TRADE ADMINISTRATION COMMISSION
QUESTIONNAIRE IN RESPECT OF AN INVESTIGATION INTO THE ALLEGED
DUMPING OF GLASS FIBRE CHOPPED STRAND MATS AND ROVINGS ORIGINATING IN OR EXPORTED FROM THE PEOPLE’S REPUBLIC OF CHINA AND CHINESE TAIPEI
NOMINATED SURROGATE COUNTRY: CHINESE TAIPEI
NOTE: PLEASE REPEAT ALL THE QUESTIONS WITH THE ANSWERS AND ALSO PLEASE PROVIDE ENGLISH TRANSLATIONS TO ANY TEXT IF STATED IN LANGUAGES OTHER THAN ENGLISH |
PLEASE NOTE THAT THIS QUESTIONNAIRE HAS TO COMPLETED TWICE, ONCE AS THE CONFIDENTIAL VERSION AND ONCE AS THE NON-CONFIDENTIAL VERSION. |
INTRODUCTION
1. The purpose of this questionnaire is to assist the exporter to compile the information needed by International Trade Administration Commission (the Commission).
2. Section 16(1)(a) of International Trade Administration Commission Act, 2002 (the ITA Act), authorises the Commission to investigate dumping and subsidised export in or to the common area of the Southern African Customs Union (SACU), which consists of South Africa, Botswana, Lesotho, Namibia and Swaziland.
3. The provisions of the WTO regarding dumping are contained in the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the Anti-Dumping Agreement). South Africa is bound by this agreement and the Commission is committed to acting in accordance with this Agreement within the framework of South African law.
4. The Directorate: Trade Remedies II provides a public liaison service and if any party requires more information or clarification, the staff of the Directorate are ready to discuss these issues and provide assistance.
5. Parties should provide full and accurate information and provide supporting documentary evidence from commercial or governmental sources, e.g. commercial invoices, official trade and production statistics. Failure to do so could detrimentally affect your case. The Commission will not consider unsubstantiated information.
6. If the application is based in part on confidential material the application must contain a non-confidential version of the confidential material together with an explanation of why it is confidential. Section 33 of the ITA Act provides as follows:
“(1) A person may, when submitting information to the Commission, identify information that the person claims to be information that –
(a) is confidential by its nature; or
(b) the person otherwise wishes to be recognised as confidential.
(2) A person making a claim in terms of subsection (1) must support that claim with -
(a) a written statement in the prescribed form-
(i) explaining, in the case of information that is confidential by its nature, how the information satisfies the requirements set out in the definition of “information that is
by nature confidential” in section 1(2); or
(ii) motivating, in the case of other information, why that information should
be recognised as confidential; and
(b) either –
(i) a written abstract of the information in a non-confidential form; or
(ii) a sworn affidavit setting out the reasons why it is impossible to comply with subparagraph (i).”
These summaries should be in sufficient detail to permit a reasonable understanding of the substance of the information submitted in confidence. Therefore where confidential and non-confidential versions are supplied, parties must:
(1) Indicate where information has been omitted in each case;
(2) Provide reasons for confidentiality in each instance;
(3) Provide a summary of the confidential information which permits a reasonable understanding of the substance of the confidential information in each instance; and
(4) Where information is not susceptible to a non-confidential summary, indicate this in each instance and provide a sworn affidavit setting out the reasons why the information is not susceptible to summarisation.
The Commission will not formally accept an application until a proper non-confidential
version has been submitted in accordance with the above guidelines. If, in terms of
section 34 of the ITA Act, the Commission finds that a request for confidentiality is not warranted and if the applicant is either unwilling to make the information public or to authorise its disclosure in summarised format, the Commission will not consider such information in determining the merits of the application and that it will return your submission.
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