International Trade Administration Act, 2002 (Act No. 71 of 2002)Chapter 4 : Investigation, evaluation and adjudication proceduresPart D – Confidential information34. Determination by Commission |
| (1) | If a person makes a claim in terms of section 33, the Commission must— |
| (a) | in the case of information claimed to be confidential by nature, determine whether the information satisfies the requirements of the definition of "information that is by nature confidential" set out in section 1(2); or |
| (b) | in the case of other information, determine whether the information should be recognised as confidential. |
| (2) | If, upon considering a claim in terms of subsection (1)(a), the Commission determines that the information is not, by nature, confidential— |
| (a) | the Commission must invite the claimant to submit a further motivation for the information to be recognised as otherwise confidential; and |
| (b) | if the claimant submits such a motivation within the prescribed time, the Commission must reconsider the claim in terms of subsection (1)(b). |
| (3) | Upon making a final determination in terms of subsection (1) or (2)(b), the Commission— |
| (a) | must notify the claimant in writing of its determination; and |
| (b) | may, if it has determined that the information is not, by nature, confidential or should not be recognised as being otherwise confidential, advise the claimant that the information will not be considered in determining the merits of an application or other matter in question. |