International Trade Administration Act, 2002 (Act No. 71 of 2002)Amended Tariff Investigations RegulationsPart C : ProceduresSub Part II - Pre-Initiation Procedures15. Deficient applications |
| 15.1 | An application may be regarded as materially deficient, and the Commission may in its discretion decide not to process the application, if one or more of the following is applicable: |
| (a) | The application is not in the manner and form determined by the Commission; |
| (b) | The information requested in the application is not submitted; |
| (c) | The application contains conflicting information; |
| (d) | The application contains incorrect information; or |
| (e) | The application contains confidential information and the applicant fails to provide— |
| (i) | a proper non-confidential version in conformity with the requirements of section 3.2; or, where applicable |
| (ii) | a sworn statement as contemplated in section 3.3 |
| 15.2 | Notwithstanding subsection 1, where an application does not contain all the requested information because an applicant, despite reasonable efforts, was not able to obtain the information or has only similar information, the Commission may exercise its discretion whether to regard the application as materially deficient. |
| 15.3 | In the case of a deficient application, the Commission shall inform an applicant in writing that the application is deficient. |
| 15.4 | An applicant who submitted a deficient application must provide the Commission with a corrected application and/or a proper non-confidential version or sworn statement within the time period indicated in the Commission's deficiency letter provided for in subsection 3. |
| 15.5 | If an applicant fails to provide the Commission with a corrected application and/or a proper non-confidential version or sworn statement within the time period provided for in the Commission's deficiency letter, the Commission will refer the application back to the applicant. |