On-the-spot verification in anti-dumping review is not mandatory where the exporter withholds required clarifications and data.

On-the-spot verification in an anti-dumping investigation is not mandatory where the exporter has not supplied the clarifications and supporting data sought on identified deficiencies. The Designated Authority may decline verification if outstanding queries remain unanswered and verification would serve no useful purpose. The procedure under paragraph 7 of Article 6.7 of the WTO Anti-Dumping Agreement contemplates that relevant enquiries should first be met before verification can meaningfully proceed. On those facts, the challenge based on failure to conduct verification was rejected because no legal infirmity was shown in the refusal to verify the exporter's unit.

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Issues: Whether the Designated Authority was bound to conduct on-the-spot verification of the exporter's unit in the absence of complete clarification and data sought in the course of the anti-dumping investigation.

Analysis: The exporter had been asked for specific clarifications on identified deficiencies in the information furnished under several appendices, but did not supply the required data and instead sought to defer clarification to the stage of verification. The Authority had also indicated willingness to verify, yet rightly found that verification would not be useful unless the outstanding queries were first answered. The procedure contemplated under paragraph 7 of Article 6.7 of the WTO Agreement on Anti-Dumping requires the relevant enquiries to be met before an on-the-spot investigation can meaningfully proceed.

Conclusion: The Designated Authority was not obliged to carry out verification on the facts, and the challenge based on failure of verification was rejected.

Final Conclusion: The appeal failed because no legal infirmity was shown in declining verification where the exporter had not furnished the necessary clarification and supporting data.

Ratio Decidendi: On-the-spot verification is not mandatory where the exporter has failed to provide the required clarifications and data, and the Authority may decline verification if it would serve no useful purpose.

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