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

Chapter 4 : Investigation, evaluation and adjudication procedures

Part D – Confidential information

37. Restricted use of Information

 

(1)
(a) When making any decision in terms of this Act, the Commission may take confidential information into account in making its decision.
(b) If the Commission's reasons for the decision would reveal any confidential information, the Commission must, after publishing its decision in the matter, provide a copy of the proposed reasons to the party concerned within the prescribed time before publishing those reasons.

 

(2) A party may apply to a High Court, subject to its rules, within the time period contemplated in subsection (1)(b) after receiving a copy of the proposed reasons, for an appropriate order to protect the confidentiality of the relevant information.

 

(3) If a party applies to the High Court in terms of subsection (2), the Commission must not publish the proposed reasons until a final determination in the matter has been made.

 

 


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