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International Trade Administration Act, 2002 (Act No. 71 of 2002)

Regulations

Tariff Investigations Regulations

Part B : General Provisions

3. Confidentiality

 

3.1 Parties providing confidential information in any correspondence shall at the same time submit non-confidential summaries thereof. These summaries shall —
(a) indicate in each instance where confidential information has been omitted;
(b) indicate, in each instance where confidential information has been omitted, the reasons for confidentiality; and
(c) be in sufficient detail to permit other interested parties a reasonable understanding of the substance of the information submitted in confidence.

 

3.2 Where information does not permit summarisation, reasons should be provided why the information cannot be summarised.

 

3.3 The following list indicates "information that is by nature confidential" as per section 33(1)(a) of the Main Act, read with section 36 of the Promotion of Access to Information Act, 2000 (Act 2 of 2000):
(a) management accounts;
(b) financial accounts of a private company;
(c) actual and individual sales prices;
(d) actual costs, including cost of production and importation cost;
(e) actual sales volumes;
(f) individual sales prices;
(g) information, the release of which could have serious consequences for the person that provided such information; and
(h) information that would be of significant competitive advantage to a competitor;

provided that the party submitting such information indicates it to be confidential.

 

3.4 All correspondence not clearly indicated to be confidential shall be treated as non-confidential.

 

3.5 The Commission shall disregard any information indicated to be confidential that is not accompanied by a proper non-confidential version if this deficiency has not been addressed in accordance with the provisions of this section.

 

3.6 The Commission shall disregard any information indicated to be confidential that is not accepted as confidential by the Commission under section 34(1) of the Main Act.