ANY OF THESE , SHALL REVEAL ANY INFORMATION OF A CONFIDENTIAL NATURE RECEIVED IN PURSUANCE OF THIS REGULATION , OR ANY INFORMATION PROVIDED ON A CONFIDENTIAL BASIS BY A PARTY TO AN ANTI-DUMPING OR COUNTERVAILING INVESTIGATION , WITHOUT SPECIFIC PERMISSION FROM THE PARTY SUBMITTING SUCH INFORMATION .
( B)EACH REQUEST FOR CONFIDENTIAL TREATMENT SHALL INDICATE WHY THE INFORMATION IS CONFIDENTIAL AND SHALL BE ACCOMPANIED BY A NON-CONFIDENTIAL SUMMARY OF THE INFORMATION , OR A STATEMENT OF THE REASONS WHY THE INFORMATION IS NOT SUSCEPTIBLE OF SUCH SUMMARY .
( 3)INFORMATION WILL ORDINARILY BE CONSIDERED TO BE CONFIDENTIAL IF ITS DISCLOSURE IS LIKELY TO HAVE A SIGNIFICANTLY ADVERSE EFFECT UPON THE SUPPLIER OR THE SOURCE OF SUCH INFORMATION . '
21 TIMEX COMPLAINS THAT THE COMMISSION REFUSED TO SUPPLY IT WITH CERTAIN INFORMATION GATHERED FROM HONG KONG UNDERTAKINGS WHICH HAD BEEN SELECTED AS REFERENCE UNDERTAKINGS . ITS COMPLAINT IS THAT THE COMMISSION DID NOT ALLOW IT TO VERIFY WHETHER THE WATCH CASES AND DIALS ORIGINATING IN HONG KONG WERE COMPARABLE TO THE EQUIVALENT SOVIET PRODUCTS , AND SECONDLY THAT IT DID NOT SUPPLY TIMEX WITH ANY PARTICULARS OF THE PRICES OR COST OF THE ITEMS ASSEMBLED IN HONG KONG . TIMEX MAINTAINS THAT SUCH A REFUSAL IS CONTRARY TO THE REQUIREMENTS OF ARTICLE 7 ( 4 ) OF REGULATION NO 3017/79 SINCE THE INFORMATION IN QUESTION , WHICH WAS USED AS A BASIS FOR DETERMINING THE ' NORMAL VALUE ' WITHIN THE MEANING OF ARTICLE 2 OF THE REGULATION , IS RELEVANT TO THE DEFENCE OF ITS INTERESTS AND IS NOT CONFIDENTIAL WITHIN THE MEANING OF ARTICLE 8 OF THE REGULATION . AS REGARDS , MORE SPECIFICALLY , THE PRICES OF THE ITEMS ASSEMBLED IN HONG KONG , TIMEX MAINTAINS THAT THERE WERE VARIOUS WAYS IN WHICH THE INFORMATION GATHERED FROM THE HONG KONG UNDERTAKINGS COULD HAVE BEEN SUPPLIED TO IT WITHOUT ANY MATERIAL OF A CONFIDENTIAL NATURE BEING DISCLOSED . IN PARTICULAR , THE COMMISSION COULD HAVE DISCLOSED THE AVERAGES OF THE FIGURES FOR THE FIRMS INVESTIGATED OR GIVEN AN INDEX OF THE RELATIVE COSTS AND PRICES OR SUPPLIED APPROXIMATE FIGURES WITHIN A GIVEN RANGE OF THE ACTUAL PRICES .
22 THE DEFENDANT INSTITUTIONS ADMIT THAT NO INFORMATION CONCERNING THE WATCH CASES AND DIALS AND THE PRICES OF THE PRODUCTS IN QUESTION WAS SUPPLIED TO TIMEX . THEY DO NOT DISPUTE THAT IN PRINCIPLE THE COMMISSION WAS OBLIGED TO DISCLOSE TO TIMEX THE INFORMATION REFERRED TO IN ARTICLE 7 ( 4 ) ( A ) OF REGULATION NO 3017/79 . HOWEVER , THEY MAINTAIN THAT THE INFORMATION SOUGHT IN THIS CASE IS NOT COVERED BY THAT PROVISION . THEY SUBMIT FIRST OF ALL THAT ARTICLE 7 ( 4 ) ( A ) ALLOWS ACCESS ONLY TO INFORMATION PROVIDED BY A ' PARTY TO AN INVESTIGATION ' , WHICH SPECIFICALLY EXCLUDES UNDERTAKINGS OF A NON-MEMBER COUNTRY . AS REGARDS THE RELEVANT WATCH CASES AND DIALS , THEY POINT OUT THAT THE HONG KONG FIRMS DO NOT PROVIDE THE KIND OF SPECIFICATIONS