Customs Legislation Amendment Act (No. 1) 2003 (119 of 2003)

Schedule 1   Anti-dumping measures

Part 4   Assessment of duty

Customs Act 1901

15   After subsection 269W(1)

Insert:

(1A) The application must also contain either:

(a) sufficient evidence to establish that the applicant's opinion of the amounts described in whichever of paragraphs (1)(c) and (d) apply is correct; or

(b) both of the following:

(i) the evidence the applicant has to establish that the applicant's opinion of the amounts described in whichever of paragraphs (1)(c) and (d) apply is correct;

(ii) a commitment that someone else will give the CEO further evidence within 30 days after lodgment or such longer period as the CEO allows, so that the CEO will then have sufficient evidence to establish that the applicant's opinion of those amounts is correct.

(1B) If the interim duty on the goods covered by the application was calculated using the export price of the goods worked out (under paragraph 269TAB(1)(b) or otherwise) as the difference between:

(a) the price at which the importer of the goods sold them, in the condition in which they were imported, to someone who was not an associate of the importer; and

(b) the prescribed deductions (as defined in subsection 269TAB(2)) relating to the goods;

the requirement in subsection (1A) of this section is met only if the evidence referred to in that subsection includes evidence of the things described in paragraphs (a) and (b) of this subsection.