Статья 3.4. Практика, касающаяся процедур антидемпинговых и компенсационных пошлин / Article 3.4. Practices Relating to Anti-Dumping and Countervailing Duty Proceedings

Article 3.4
Practices Relating to Anti-Dumping and Countervailing Duty Proceedings

1. In any proceeding in which the investigating authorities determine to conduct an in-person verification of information that is provided by a respondent ², and that is pertinent to the calculation of anti-dumping duty margins or the level of a countervailable subsidy, the investigating authorities shall promptly notify each respondent of their intent, and:

(a) provide to each respondent at least fourteen (14) days advance notice of the dates on which the authorities intend to conduct an in-person verification of the information;

(b) at least ten (10) days prior to an in-person verification, provide to the respondent a document that sets out the topics the respondent should be prepared to address during the verification and that describes the types of supporting documentation to be made available for review; ³ and

(c) after an in-person verification is completed, and subject to the protection of confidential information, disclose the information that describes the extent to which the data provided by the respondent was supported by the documents reviewed during the verification. The respondent concerned by the in-person verification should be informed of the results of the in-person verification in sufficient time for the respondent to defend its interests.

2. A Party's investigating authorities shall maintain a public file for each investigation and review that contains:

(a) all non-confidential documents that are part of the record of the investigation or review; and

(b) to the extent feasible without revealing confidential information, non-confidential summaries of confidential information that is contained in the record of each investigation or review.

3. The public file of all documents that are contained in the record of the investigation or review shall be physically available to interested parties, subject to the procedures provided for in the Parties' laws and regulations, for viewing and copying ⁴ during the investigating authorities' normal business hours, or electronically available for download.

4. If, in an anti-dumping or countervailing duty action that involves imports from the other Party, a Party's investigating authorities determine that a timely response to a request for information may not be ideal in all respects, provided that the interested party concerned has acted to the best of its ability, the investigating authorities shall to the extent practicable in light of time limits established to complete the anti-dumping or countervailing duty action, before rejecting the information, endeavour to obtain more complete information for the purposes of the investigation including, where requested, granting a reasonable extension of time to the respondent concerned to make a more detailed and proper response in accordance with the provisions of the Anti-Dumping Agreement and the SCM Agreement. If that interested party submits further information and the investigating authorities find that the response is not satisfactory, or that the response is not submitted within the applicable time limits, and if the investigating authorities disregard all or part of the original and subsequent responses, the investigating authorities shall explain in the determination or other written document the reasons for disregarding the information.