Facts available definition
Facts available means the investigating authority may make their determinations solely on the material that the authority was able to collect in situations in which any interested party does not provide necessary information within a reasonable period, or submitted information that could not be verified. “Facts available” set in force by the provisions of Article 6.8 and Annex II of the AD Agreement may apply in cases where the company was able to respond but did not do so for its own reasons. But, as we have noted, there are cases where companies are forced to relinquish their right to respond because the questions are so detailed and probing that the burden of response is too great. The paradox is obvious. Authorities, in their excessive zeal to collect detailed information and run rigorous investigations, end up having to use “facts available” procedures instead. Such procedures, we note, are in contravention of Article 6.13 of the Anti-Dumping Agreement, which states, “The authorities shall take due account of any difficulties experienced by interested parties in supplying information requested, and shall provide any assistance practicable.”
Facts available means the information that is available to the Commission at the time of making a determination, whether preliminary or final, and which has been verified or is verifiable, provided that all requirements regarding non-confidentiality and timely submission have been met. In cases of non-cooperation by an exporter facts available may include, in any order, -
Facts available means the information that is available to the Committee at the time of making a determination, whether preliminary or final, and which has been verified or is verifiable. Facts available may include, in any order –
More Definitions of Facts available
Facts available means the information that is available to the Commission at the time of making a determination, whether preliminary or final provided that all requirements regarding non-confidentiality and timely submission have been met;
Facts available means the information that is available to the Commission at the time of making a determination, whether preliminary or final provided
Facts available means the information that is available to the Commission at the time of making a determination, whether preliminary or final, and which has been verified or is verifiable, provided that all requirements regarding non- confidentiality and timely submission have been met.
Facts available means the information that is available to the Committee at the time of making a determination, whether preliminary or final, and which has been verified or is verifiable;
Facts available means the investigating authority may make their