Section 40: Gathering of information
consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
40. Gathering of information
(1) The Investigating Authority shall send questionnaires to any person
whom it believes may have information relevant to the investigation, including known domestic producers, importers, exporters and foreign producers.
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Trade (Anti-Dumping and Countervailing Measures) Act
(2) (a) The Investigating Authority shall, subject to subsection (3), give
exporters and foreign producers not less than 30 days from the date of receipt
of the questionnaire to reply to the questionnaire referred to in subsection (1).
(b) A questionnaire shall be deemed to have been received by a
party 7 days after it has been sent to that party or transmitted to the appropriate diplomatic representatives where the party is an exporting country.
(3) Any person who receives a questionnaire may request for an extension of time and the Investigating Authority may grant an extension of time,
upon good cause shown, taking into account the time limits for investigation.
(4) The Investigating Authority may disregard any reply to a questionnaire
that is not submitted within the time provided and in the form requested.
(5) The Investigating Authority, may, during the course of the investigation, request further information from any interested party.
(6) A request made under subsection (5) shall state the date by which a
reply shall be made.
(7) Any interested party may, on its own initiative, submit in writing any
information it considers relevant to the investigation.
(8) The Investigating Authority shall consider such information submitted
under subsection (7) unless such consideration would be unduly burdensome
to the Investigating Authority and disrupt the timely progress of the investigation.
(9) The Investigating Authority shall base its assessment of dumping, injury and causal link on data relating to the period under investigation.
(10) For the purposes of this section—
(a) the period of investigation in the case of dumping shall cover a
period of one year preceding the date of initiation of the investigation for which data are available;
(b) the period of investigation for the case of subsidy shall cover a
period of one year preceding the date of initiation of investigation;
(c) in the case of injury, the period shall cover a period of 3 years.