Customs Act 1901

PART XVB - SPECIAL PROVISIONS RELATING TO ANTI-DUMPING DUTIES  

Division 5 - Review of anti-dumping measures  

SECTION 269ZD   STATEMENT OF ESSENTIAL FACTS IN RELATION TO REVIEW OF ANTI-DUMPING MEASURES  

269ZD(1)  
If the Commissioner publishes a notice under subsection 269ZC(4) , (5) or (6) in relation to the review of anti-dumping measures, he or she must, within 110 days after the publication of the notice 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 the review of those measures.

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


(a) must have regard to:


(i) the application or request; and

(ii) any submissions relating generally to the review that are received by the Commissioner within 37 days after the publication of the notice under subsection 269ZC(4) , (5) or (6) ; and

(iii) any other submission received by the Commissioner relating generally to the review if, in the Commissioner ' s opinion, having regard to the submission would not prevent the timely placement of the statement of essential facts on the public record; and


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

269ZD(3)  


The Commissioner is not obliged to have regard to any submissions relating generally to the review that are 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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