Customs Act 1901

PART XVB - SPECIAL PROVISIONS RELATING TO ANTI-DUMPING DUTIES  

Division 2 - Consideration of anti-dumping matters by the Commissioner  

SECTION 269TB   APPLICATION FOR ACTION UNDER DUMPING DUTY ACT  

269TB(1)  


Where:


(a) a consignment of goods:


(i) has been imported into Australia;

(ii) is likely to be imported into Australia; or

(iii) may be imported into Australia, being like goods to goods to which subparagraph (i) or (ii) applies;


(b) there is, or may be established, an Australian industry producing like goods; and


(c) a person believes that there are, or may be, reasonable grounds for the publication of a dumping duty notice or a countervailing duty notice in respect of the goods in the consignment;

that person may, by application in writing lodged with the Commissioner, request that the Minister publish that notice in respect of the goods in the consignment.

269TB(2)  


Where:


(a) a consignment of goods produced or manufactured in a country other than Australia:


(i) has been imported into Australia;

(ii) is likely to be imported into Australia; or

(iii) may be imported into Australia, being like goods to goods to which subparagraph (i) or (ii) applies; and


(b) there is, in a third country, an industry that produces or manufactures like goods for export to Australia; and


(c) the Government of that third country believes that there are, or may be, reasonable grounds for the publication of a dumping duty notice or a countervailing duty notice in respect of the goods in the consignment;

the Government of that third country may, by application in writing lodged with the Commissioner, request that the Minister publish that notice in respect of the goods in the consignment.

269TB(2A)  
During the period after receiving an application for a dumping duty notice and before giving public notice under subsection 269TC(4) of a decision not to reject the application, the Commissioner must notify the government of the country, or of each country, whose exporters are nominated in the application.

269TB(2B)  
During the period after receiving an application for a countervailing duty notice and before giving public notice under subsection 269TC(4) of a decision not to reject the application, the Commissioner must notify:


(a) the government of the country, or of each country, whose exporters are nominated in the application; and


(b) the government of any other country from which countervailable subsidies are alleged to have been received.

269TB(2C)  
A notification by the Commissioner under subsection (2B) must include an invitation to consult with the Commissioner in relation to whether:


(a) any countervailable subsidies exist; and


(b) any such subsidies, if found to exist, are causing or are likely to cause material injury of a kind referred to in paragraph 269TJ(1)(b) or 269TK(1)(b) ;

with the aim of arriving at a mutually agreed solution.

269TB(3)  


An applicant may, at any time before the Minister decides:


(a) to publish a dumping duty notice or a countervailing duty notice in respect of an exporter to whom the application extends; or


(b) to accept an undertaking from an exporter to whom the application extends or from a country to whose exporters the application extends;

by notice in writing lodged with the Commissioner, withdraw the application so far as it extends to that exporter, or to exporters exporting from that country, as the case requires.

269TB(4)  
An application under subsection (1) or (2) or a notice under subsection (3) withdrawing such an application must:


(a) be in writing; and


(b) be in a form approved by the Commissioner for the purposes of this section; and


(c) contain such information as the form requires; and


(d) be signed in the manner indicated in the form; and


(e) in the case of an application under subsection (1) - be supported by a sufficient part of the Australian industry; and


(f) be lodged in the manner approved under section 269SMS .

269TB(5)  


The application, or the notice withdrawing an application, is taken to have been received by the Commissioner when the application or notice is first received by a Commission staff member doing duty in relation to dumping applications.

269TB(6)  


An application under subsection (1) in relation to a consignment of goods is taken to be supported by a sufficient part of the Australian industry if the Commissioner is satisfied that persons (including the applicant) who produce or manufacture like goods in Australia and who support the application:


(a) account for more than 50% of the total production or manufacture of like goods produced or manufactured by that portion of the Australian industry that has expressed either support for, or opposition to, the application; and


(b) account for not less than 25% of the total production or manufacture of like goods in Australia.




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