PART 2General provisions and reconsideration by the TRA
CHAPTER 1General provisions
The use of information and facts available to the TRA from secondary sources7.
(1)
This regulation applies in respect of the exercise by the TRA of functions under these Regulations.
(2)
The TRA must have regard to information referred to in regulation 13(7)(a) to (c), 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 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 5 (confidential information), unless it is satisfied from appropriate sources that such information is correct.
(4)
The TRA may make a determination on the basis of information obtained from secondary sources, including information supplied by a person other than the applicant for reconsideration, 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.