Positive Evidence definition
Positive Evidence and“Objective Examination”: In Thailand - H-Beams, Thailand based its determination on both non-confid ential and confidential information . Certain confi- dential information was not disclosed to Poland until the panel pro- ceedings . Poland claimed that T hailand violated Article
Positive Evidence and“Objective Examination” again: T he thru st of the investigating authorities' obligation, in Ar- ticle 3 .1, lies in the requirement tha t they base their det ermination on“ positive evidence” and conduct an“ objective examination ”. T he term“ positive evidence”r elates to the quality of the evidence that authorities may rely upon in making a determination . T he word“ positive”mea ns that the evidence must be of an affirmative, objective and verifiable character, and that it mu st be credible . T he term“ objective examination”aims at a different aspect of the inves- tigating authorities' determination . W hile the term“ positive evi- dence”focuses on the facts underpinning and justifying the injury determination, the term“ objective examination”is concerned with the investigative process itself . T he word“ examination”relat es to the way in which the evidence is gathered, inquired into and, s ub- sequently, evaluated; that is, it relates to the conduct of the inves- tigation generally . The word“ objective”, which qualifies the word “ examination”, indicates essentially that th e“e xamination”process must conform to the dictates of the basic principles of good faith and fu ndament al fairness . In short, a n“ objective examination”re- quires that the domestic industry, and the effects of dumped im- 60 Annota tion by Cases to W TO Anti-Dumping Agreement ports, be investigated in an unbiased manner, without favoring the interests of any interested party, or group of interested parties, in the investigation . The duty of the investigating authorities to con- duct a n“ objective examination”recognizes that the det ermination will be influenced by the objectivity, or any lack thereof, of the in- vestigative process . ( C f . 【A BC .35】 to Article 3 .4 for bac k- ground, if necessary) (W T/ DS184/ A B/ R paras . 192 - 193)
Positive Evidence. “Objective Examination” by Mexico Date of Initiation: 11 December 2000 POI for dumping: 1 March to 31 August 1999. POI for Injury determination: 1 March to 31 August of years 1997, 1998 & 1999.