Customs Act 1901

PART XVB - SPECIAL PROVISIONS RELATING TO ANTI-DUMPING DUTIES  

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

SECTION 269TDAA   STATEMENT OF ESSENTIAL FACTS IN RELATION TO INVESTIGATION OF APPLICATION UNDER SECTION 269TB  

269TDAA(1)  
The Commissioner must, within 110 days after the date of initiation of an investigation arising from an application under section 269TB or such longer period as the Minister allows under section 269ZHI , place on the public record a statement of the facts (the statement of essential facts ) on which the Commissioner proposes to base a recommendation to the Minister in relation to that application.

269TDAA(2)  
Subject to subsection (3), in formulating the statement of essential facts, the Commissioner:


(a) must have regard to:


(i) the application concerned; and

(ii) any submissions concerning publication of the notice that are received by the Commissioner within 37 days after the date of initiation of the investigation; and


(b) may have regard to any other matters that the Commissioner considers relevant.

269TDAA(3)  


The Commissioner is not obliged to have regard to a submission received by the Commissioner after the end of the period referred to in subparagraph (2)(a)(ii) if to do so would, in the Commissioner ' s opinion, prevent the timely placement of the statement of essential facts on the public record.



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