Request for information section 20 inquiry information requested under the Special Import Measures Act



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PART D



Treatment of Confidential

and Non-Confidential Information
Submitted to the CBSA for all Proceedings under SIMA
Why Provide Confidential and Non-Confidential Information?
The Special Import Measures Act (SIMA) requires that confidential information submitted to the CBSA be accompanied by a non-confidential (public) version of the information. The following explains how non-confidential and confidential information will be handled and how to prepare both a confidential and non-confidential submission of your information.
Treatment of Your Non-Confidential Information
Your non-confidential information will be given to any party that asks for this information for the purposes of the proceeding.
Treatment of Your Confidential Information
There are certain times when the CBSA will release your confidential information: first, to independent counsel for a party to the proceeding; and second, to Canadian courts, tribunals and panels.


  1. Confidential information will be provided to independent counsel for a party to the proceeding. Counsel includes any person who represents another party in the proceeding and includes legal counsel. A party is a person, or business, that participates in and has a direct interest in the proceeding.

Counsel must ask for the confidential information in writing and must provide a written guarantee to the CBSA stating that they will:




  • only use the information in relation to this proceeding;

  • not give out the information;

  • protect the information;

  • not copy the information without the CBSA’s permission;

  • destroy the information when they are done;

  • provide the CBSA with a written notice that the information is destroyed; and

  • report any violations or possible violations to the CBSA.

The CBSA will not give your confidential information to independent counsel if the CBSA believes that it might cause harm to you or your business.



  1. Confidential information will be given to the Canadian International Trade Tribunal, any Court in Canada, a Binational or World Trade Organization (WTO) Panel, to act on appeals. These organizations will use your information to fulfil their responsibilities under Canadian law, NAFTA or WTO Agreements. The confidential information is subject to the rules of procedure of the Court or Panel to which it is provided.


Providing Only Non-Confidential Information?
If you decide that your reply to this RFI does not contain confidential information, every page of your reply should be marked "NON CONFIDENTIAL." You must make a statement, in a covering letter, that you do not consider any information in your submission to be confidential.
Providing Confidential Information?
If your reply to this RFI contains confidential information, this reply, along with all of the attachments and supporting documents, will be your confidential submission. You must:


  1. Clearly indicate, by either enclosing all confidential information within square brackets or by shading all confidential information contained in this submission; and




  1. Clearly mark "CONFIDENTIAL" on every page of the confidential submission, including all attachments.

If you have a submission with confidential information, for the CBSA to be able to use your information, you must provide a non confidential version. It is important that your non confidential version is complete, as it will be provided to other parties involved in these investigations if they request it.


Your non confidential version may be in the form of:


  • a non-confidential edited version; or




  • a non confidential summary version, where the edited version would not contain enough information to convey a reasonable understanding of the information submitted in the confidential version


Non-confidential Edited Version
An edited version has the confidential information removed, to create a non-confidential version. You must leave enough detail to provide an understanding of the confidential information removed.

In the Non-Confidential Statement, which must be attached with your non-confidential version, you must:


A) explain briefly the nature of the confidential information removed in your non-confidential version; and
B) give the reasons why you request that the information be treated confidential, as explained in this part of the RFI.
In the following example, the text indicates the nature of the bracketed [confidential information] that has been deleted in the non-confidential version.
The confidential response to a request may be: The selling price of model ABC to our Canadian distributor was US$[25.99] per unit.
The non-confidential edited version of this response may be: The selling price of model ABC to our Canadian distributor was US$[ ] per unit. In this example, the nature of the information removed in the non-confidential version relates to “selling price information.” NOTE: the spacing between the brackets [ ] should reflect the same spacing as in the confidential version.
As a further example, the following would represent an acceptable non-confidential edited version of an export sales listing. A sample page for a multi page listing could look like this:


1

2

3

4

5

6

7

IMPTR

DATSHIP

INVNUM

INVDATE

QUANTITY

EXTSP

NETSP

[ ]

2014/02/16

14064555

2014/02/16

[ ]

[ ]

[ ]

[ ]

2014/03/14

14179020

2014/03/12

[ ]

[ ]

[ ]

[ ]

2014/04/14

14253018

2014/04/16

[ ]

[ ]

[ ]

[ ]

2014/05/09

14474937

2014/05/09

[ ]

[ ]

[ ]


Non Confidential Summary Version
Where deleting information for a non confidential edited version would not leave enough detail to provide an understanding of the confidential information removed, a non confidential summary of the deleted information must be included, describing the confidential information that has been removed.

If you intend to provide a non confidential summary of an appendix or attachment, the non confidential narrative would normally be accompanied by at least one (1) sample page, with the confidential data removed, of the related appendix or attachment.


Review of Non-Confidential Submission
The non-confidential version of your submission will be reviewed by the CBSA to ensure that it is in sufficient detail to convey a reasonable understanding of the substance of the information submitted in the confidential version.
If CBSA determines that an adequate non-confidential edited version or a non-confidential summary of information designated as confidential has not been provided by the respondent, and the respondent fails to justify why it cannot be provided, does not take corrective action or does not submit a revised version, the CBSA will NOT use the confidential information provided by your firm in the proceedings. As a result, the CBSA’s determination will be based on the best information available. It is imperative that companies delete only the minimum information necessary to protect their interests and only what is confidential.
You will find on the next page the Non-Confidential Statement that needs to be completed and attached with your non-confidential edited version or non-confidential version.

NON-CONFIDENTIAL STATEMENT
Nature of Information Deleted in the Non-confidential Version and Reasons for Designating Information as Confidential
[Note: this document should be reproduced, completed and signed on the letterhead of your company or of your counsel.]

Section 1 – Answers to the RFI

A)    Explain briefly the nature of the confidential information removed in your non confidential version response to the RFI (i.e. name of customers, sales value, sales volume etc.).



___________________________________________________________________________________________________________________________________________________________________________________________________________________________
B)    Reasons why you request that the information be treated confidential.

___________________________________________________________________________________________________________________________________________________________________________________________________________________________



Section 2 – Appendices, Attachments and Supporting Documents

A)    Explain briefly the nature of the confidential information in Appendices, attachments and supporting documents, which has been removed in your non-confidential version response (i.e. sales & costing data, transaction documentation, financial statements etc).



___________________________________________________________________________________________________________________________________________________________________________________________________________________________
B)    Reasons why you request that the information be treated confidential.

___________________________________________________________________________________________________________________________________________________________________________________________________________________________

I,______________________,  ____________________ of ______________________________

             (Print name)                       (Print Position)                    (Print name of company)

Signed:            ______________________________________________




PART E - REQUEST FOR INFORMATION CHECKLIST

Must be submitted with your response to the RFI


Please respond to each of the following questions by placing a checkmark in the “yes” or “no” column. If a response is no, provide an explanation as to why you have not complied with the instructions.


Question 1:

Yes

No




Did you provide a confidential and non-confidential version of your response in accordance with the disclosure instructions in the Request?







If no, reason:

Question 2:

Yes

No




Did you complete the Non-Confidential Statement for designating information as confidential?







If no, reason:



Question 3:

Yes

No




Did you bracket or shade the confidential information in the confidential response?







If no, reason:



Question 4:

Yes

No




Did you place empty brackets or shade area where information was omitted from the non-confidential version?







If no, reason:



Question 5:

Yes

No




Did you provide the requested number of hard copies of the confidential and non-confidential versions of your submissions?







If no, reason:



Question 6:

Yes

No




Did you provide the requested number of electronic copies of the confidential and non-confidential versions of your submissions as stipulated in the instructions?







If no, reason:





Question 7:

Yes

No

Has your submission met the follow criteria:







  • Be single-sided only and not stapled or bound (pages should be held together by clips or elastics);







  • Be numbered consecutively from start to finish, including appendices and attachments;







  • Be provided on 8 ½” x 11” paper. If possible, please reduce any oversize documents to fit this paper size;







  • Be photocopy ready. For example company brochures and annual reports should be presented so that they can be copied as is.






PART F

CERTIFICATE OF VERACITY, ACCURACY AND COMPLETENESS


[Note: This certificate should be reproduced and signed on your company's letterhead by a responsible officer who has authority to respond on behalf of your company.]

I,______________________, ____________________ of _________________________

(Print name) (Print Position /Title) (Print name of company)

certify that the information contained in this submission to the CBSA in response to the Request for Information concerning the section 20 Inquiry into certain oil country tubular goods originating in or exported from Vietnam is true, accurate and complete.

Signed:

Date:

Telephone number of signatory:

Fax number of signatory:

Email address of signatory:



Address of signatory:

APPENDIX A – Raw Material Purchases



This appendix is in reference to Question C1.(c) of the RFI

This information is to be provided in an EXCEL Spreadsheet


Raw Mat’l: Type, Spec. & Grade

Domestic or Imported

Selling Company's Name

Type of Company

Manu-facturer of the Goods

Is the selling company an SOE?

Is the manufacturer an SOE?

Invoice Number

Invoice Date

Quantity (tonnes)

Net Purchase Price

Currency

VAT

 

 

 

 

 

 

 




 

 

 







 

 

 

 

 

 

 




 

 

 








Field Descriptions:

Raw Mat’l: Type, Spec. & Grade:

Specify the type of raw material used, billet or hot-rolled coil, and the spec. & grade of the mat’l

Domestic or Imported:

Specify whether the material is domestic or imported

Selling Company's Name:

Provide the name of the company that sold the material

Type of Company:

Indicate if the selling company is a Manufacturer or a Trading Company

Manufacturer of the Goods:

If the Selling Company is a trading company, provide the name of the manufacturer*

Is the Selling Company an SOE?:

Indicate if the selling company is a state-owned enterprise (SOE) as defined in the RFI Guidelines

Is the Manufacturer an SOE?:

Indicate if the manufacturer of the goods is an SOE as defined in the RFI Guidelines

Invoice Number:

Provide the invoice number for the purchase transaction

Invoice Date:

Provide the date of the invoice (YY/MM/DD)

Quantity:

Indicate the quantity of the purchase (in tonnes)

Net Purchase Price:

Provide the purchase price for the goods, net of all discounts and rebates, indicating currency

Currency:

Indicate the currency of the Purchase Price

VAT:

Indicate the amount of VAT included in the purchase price


* This information is provided on the mill certificate.


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