Customs Act 1901

PART XVB - SPECIAL PROVISIONS RELATING TO ANTI-DUMPING DUTIES  

Division 3 - Consideration of anti-dumping matters by the Minister  

SECTION 269TH   THIRD COUNTRY DUMPING DUTIES  

269TH(1)   [Material injury to third country]  

Subject to section 269TN , where the Minister is satisfied, as to any goods produced or manufactured in a particular country that have been exported to Australia, that:


(a) the amount of the export price of the goods is less than the amount of the normal value of the goods; and


(b) because of that:


(i) material injury to an industry in a third country engaged in the production or manufacture of like goods has been or is being caused or is threatened; or

(ii) in a case where security has been taken under section 42 in respect of any interim duty that may become payable on the goods under section 9 of the Dumping Duty Act - material injury to an industry in a third country engaged in the production or manufacture of like goods would or might have been caused if the security had not been taken;

the Minister, if requested by the Government of the third country so to do, may, by public notice, declare that section 9 of that Act applies:


(c) to the goods in respect of which the Minister is so satisfied; and


(d) to like goods that were exported to Australia after the Commissioner made a preliminary affirmative determination under section 269TD in respect of the goods referred to in paragraph (c) but before the publication of that notice.

269TH(2)   [Material injury to producer in third country of like goods]  

Where the Minister is satisfied, as to goods of any kind produced or manufactured in a particular country that:


(a) the amount of the export price of like goods so produced or manufactured that have already been exported to Australia is less than the amount of the normal value of those goods, and the amount of the export price of like goods so produced or manufactured that may be exported to Australia in the future may be less than the normal value of the goods; and


(b) because of that, material injury to an industry in a third country engaged in the production or manufacture of like goods has been or is being caused or is threatened;

the Minister, if requested by the Government of the third country so to do, may, by public notice (whether or not he or she has made, or proposes to make, a declaration under subsection (1) in respect of like goods so manufactured or produced that have been exported to Australia), declare that section 9 of the Dumping Duty Act applies to like goods so produced or manufactured that are exported to Australia after the date of publication of the notice or such later date as is specified in the notice.

269TH(3)   [Notice to include statement by Minister]  

Where:


(a) a notice under subsection (1) declares particular goods to be goods to which section 9 of the Dumping Duty Act applies; or


(b) a notice under subsection (2) declares like goods in relation to goods of a particular kind to be goods to which that section applies;

the notice must, subject to subsection (4), include a statement of the respective amounts that the Minister ascertained at the time of publication of the notice:


(c) was or would be the normal value of the goods to which the declaration relates; and


(d) was or would be the export price of those goods; and


(e) was or would be the non-injurious price of those goods.

269TH(4)   [Confidential information]  

If any person who has provided information to assist the Minister to ascertain the normal value, export price or non-injurious price of goods to which a declaration under subsection (1) or (2) relates claims, in writing, that the information is confidential or that the inclusion in a notice under that subsection of that value or price would adversely affect the person ' s business or commercial interests:


(a) in accordance with subsection 269ZI(9) , the Minister is not required to include in the notice a statement of that value or price; but


(b) upon request the Commissioner may notify that value or price to persons who, in the Commissioner ' s opinion, would be affected parties in any review of the rate of interim duty imposed on like goods to the goods to which the declaration relates.

269TH(5)  
(Repealed by No 196 of 2012)

269TH(6)  
(Repealed by No 196 of 2012)




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