Customs Act 1901

PART XVB - SPECIAL PROVISIONS RELATING TO ANTI-DUMPING DUTIES  

Division 5 - Review of anti-dumping measures  

SECTION 269ZDB   POWERS OF THE MINISTER IN RELATION TO REVIEW OF ANTI-DUMPING MEASURES  

269ZDB(1)  
After considering the report of the Commissioner and any other information that the Minister considers relevant, the Minister must declare, by notice published in accordance with subsection (7), that for the purposes of this Act and the Dumping Duty Act:


(a) to the extent that the anti-dumping measures concerned involved the publication of a dumping duty notice or a countervailing duty notice:


(i) that the notice is to remain unaltered; or

(ii) that, with effect from a date specified in the declaration, the notice is taken to be, or to have been, revoked either in relation to a particular exporter or to exporters generally or in relation to a particular kind of goods; or

(iii) that, with effect from a date specified in the declaration, the notice is to be taken to have effect or to have had effect, either in relation to a particular exporter or to exporters generally, as if the Minister had fixed different variable factors in respect of that exporter or of exporters generally, relevant to the determination of duty; and


(b) to the extent that the anti-dumping measures concerned involved the acceptance by the Minister of an undertaking:


(i) that the undertaking is to remain unaltered; or

(ii) that if, before a date specified in the declaration, the terms of the undertaking are altered in a manner specified in the declaration, the undertaking as so varied will be acceptable to the Minister; or

(iii) that the undertaking is no longer acceptable to the Minister and that the investigation of the need for a dumping duty notice or a countervailing duty notice is to be resumed immediately; or

(iv) that, with effect from a date specified in the declaration, the person who gave the undertaking is released from the undertaking and that the investigation giving rise to the undertaking is terminated.

269ZDB(1AA)  


The Minister must not make a revocation declaration in relation to anti-dumping measures unless a revocation review notice has been published in relation to the relevant review of those measures.

269ZDB(1A)  


The Minister must make a declaration under subsection (1) within:


(a) 30 days after receiving the report; or


(b) if the Minister considers there are special circumstances that prevent the declaration being made within that period - such longer period as the Minister considers appropriate.

269ZDB(1B)  


If paragraph (1A)(b) applies, the Minister must give public notice of the longer period.

269ZDB(2)  
If the Minister makes a declaration under subsection (1), that declaration has effect according to its terms.

269ZDB(3)  
If:


(a) the Minister makes a declaration under subsection (1); and


(b) under that declaration, new variable factors are taken to have been fixed, in relation to goods exported to Australia by a particular exporter, with effect from a date specified in the declaration; and


(c) interim duty paid on such goods on the basis of the variable factors as previously fixed exceeds the interim duty that would be payable on the basis of the new variable factors;

the person who paid the interim duty may apply under Division 3 of Part VIII for a refund of the excess.

269ZDB(4)  
The Minister must, as soon as practicable after the making of a declaration under subsection (1) that affects an exporter or person giving an undertaking, inform that exporter or person of the terms of the declaration.

269ZDB(5)  
Nothing in this section is to be taken to imply that the Minister cannot simultaneously make the same declaration in relation to more than one exporter or person giving an undertaking.

269ZDB(6)  
For the purposes of a declaration under subsection (1), the Minister must not fix a date:


(a) in a circumstance to which subparagraph (1)(a)(ii) or (iii) applies - that is earlier than the date of publication under section 269ZC of a notice indicating the proposal to undertake the review concerned; and


(b) in a circumstance to which subparagraph (1)(b)(ii) or (iv) applies - that is earlier than the date of the declaration.

269ZDB(7)  


A notice under subsection (1) must be published on the Anti-Dumping Commission ' s website.



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