PART 5Initiation and conduct of an investigation
CHAPTER 1General provisions and the use of information
The use of information and facts available to the TRA from secondary sources18.
(1)
This regulation applies in respect of the exercise by the TRA of functions under the Act or these Regulations.
(2)
The TRA must have regard to information supplied to it by an applicant UK producer, an interested party, a contributor or any other person from whom it has requested information, provided that the information—
(a)
is verifiable;
(b)
has been appropriately submitted such that the TRA may use the information without undue difficulty;
(c)
has been supplied to it within any applicable time limit; and
(d)
where relevant, has been supplied to it in a form that it has requested.
(3)
The TRA must not have regard to oral statements referred to in regulation 28(4) unless—
(a)
those statements are reproduced in writing; and
(b)
it has made the written reproductions available to interested parties and contributors.
(4)
The TRA may disregard information which it treats as confidential (which it would otherwise have had regard to) where the person supplying that information has not supplied a non-confidential summary or a statement of reasons in accordance with regulation 16 (confidential information), unless it is satisfied from appropriate sources that such information is correct.
(5)
The TRA may make a determination on the basis of information obtained from secondary sources, including information supplied in an application, provided that it—
(a)
does so with special circumspection; and
(b)
where practicable, verifies such information from independent sources, including but not limited to published price lists, official import statistics or customs returns and data pertaining to the relevant markets.