—(1) As soon as practicable after the initiation of an investigation or review, the Minister shall specify in detail the information required from any interested party, and the form in which that information is required.
(2) The Minister shall ensure that the interested party is aware that if information is not supplied within a reasonable time, the Minister may make determinations on the basis of the facts available, including those contained in the application for the initiation of the investigation by the domestic industry.
(3) The Minister may request that an interested party provides its response in a particular medium (such as computer tape) or computer language.
(4) Where such a request is made under paragraph (3)
, the Minister shall consider the reasonable ability of the interested party to respond in the requested medium or computer language, and shall not request the party to use for its response a computer system other than that used by the party.
(5) The Minister shall not maintain a request for a computerised response if the interested party does not maintain computerised accounts and if presenting the response as requested would result in an unreasonable extra burden on the interested party, such as entailing unreasonable additional cost and trouble.
(6) The Minister shall not maintain a request for a response in a particular medium or computer language if the interested party does not maintain its computerised accounts in such medium or computer language and if presenting the response as requested would result in an unreasonable extra burden on the interested party, such as entailing unreasonable additional cost and trouble.
(7) All information which is —
appropriately submitted so that it can be used in the investigation or review without undue difficulties;
supplied in a timely fashion; and
where applicable, supplied in a medium or computer language requested by the Minister,
shall be taken into account when determinations are made.
(8) If an interested party does not respond in the requested medium or computer language but the Minister finds that the circumstances set out in paragraphs (3)
have been satisfied, the failure to respond in the requested medium or computer language shall not be considered to significantly impede the investigation.
(9) Where the Minister does not have the ability to process information provided in a particular medium (such as computer tape), the information shall be supplied in the form of written material or any other form acceptable to the Minister.
(10) Even though the information provided may not be ideal in all respects, this shall not justify the Minister disregarding it, provided that the interested party has acted to the best of its ability.
(11) If evidence or information is disregarded, the supplying party shall be informed forthwith of the reasons therefor, and shall have an opportunity to provide further explanations within a reasonable period, due account being taken of the time-limits of the investigation.
(12) If the explanations are considered by the Minister as not being satisfactory, the reasons for the rejection of such evidence or information shall be given in any published determinations.
(13) If the Minister has to base his findings, including those with respect to normal value, on information from a secondary source, including the information supplied in the application for the initiation of the investigation or review, he shall do so with special circumspection.
(14) If paragraph (13)
applies, the Minister shall, where practicable, check the information from other independent sources at his disposal, such as published price lists, official import statistics and customs returns, and from the information obtained from other interested parties during the investigation or review.
(15) If relevant information is withheld from the Minister as a result of the failure of an interested party to co-operate, the Minister may make a determination which is less favourable to that party than he would otherwise have made.