PART 2General provisions and reconsideration by the TRA

CHAPTER 1General provisions

The use of information and facts available to the TRA from secondary sourcesI1C17

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.