Customs Act 1901

PART XVB - SPECIAL PROVISIONS RELATING TO ANTI-DUMPING DUTIES  

Division 6A - Continuation of anti-dumping measures  

SECTION 269ZHG   POWERS OF THE MINISTER IN RELATION TO CONTINUATION OF ANTI-DUMPING MEASURES  

269ZHG(1)  


After considering the report of the Commissioner and any other information that the Minister considers relevant, the Minister must by notice published in accordance with subsection (2):


(a) declare that the Minister has decided not to secure the continuation of the anti-dumping measures concerned; or


(b) declare that the Minister has decided to secure the continuation of the anti-dumping measures concerned.

Note:

Subsection (3) deals with the end of the anti-dumping measures and subsection (4) deals with the continuation of the anti-dumping measures.

269ZHG(1A)  


If the Minister receives the report less than 30 days before the specified expiry day, the Minister must make the declaration before that day.

269ZHG(1B)  


If subsection (1A) does not apply, the Minister must make the declaration 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, ending before the specified expiry day, as the Minister considers appropriate.

269ZHG(1C)  


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

269ZHG(2)  
A notice under subsection (1) must be published:


(a) before the expiry day specified in the notice; and


(b) on the Anti-Dumping Commission ' s website.

269ZHG(3)  
If the Minister declares that he or she has decided not to secure the continuation of the anti-dumping measures, then, on the specified expiry day:


(a) to the extent that the measures comprise a dumping duty notice - that notice expires; and


(b) to the extent that the measures comprise a countervailing duty notice - that notice expires; or


(c) to the extent that the measures comprise the giving of an undertaking - the person who gave the undertaking is taken to be released from the undertaking and the investigation giving rise to the undertaking is terminated;

as the case requires.

269ZHG(4)  
If the Minister declares that he or she has decided to secure the continuation of the anti-dumping measures, the continuation of those measures is so secured:


(a) to the extent that the measures comprise the publication of a dumping duty notice or a countervailing duty notice:


(i) by the Minister determining, in writing, that the notice continues in force after the specified expiry day; or

(ii) by the Minister determining, in writing, that the notice continues in force after the specified expiry day but that, after that day, the notice ceases to apply in relation to a particular exporter or to a particular kind of goods; or

(iii) by the Minister determining, in writing, that the notice continues in force after the specified expiry day but that, after that day, the notice has effect, in relation to a particular exporter or to exporters generally, as if the Minister had fixed different specified variable factors in relation to that exporter or to exporters generally, relevant to the determination of duty; and


(b) to the extent that the measures involve the acceptance of an undertaking:


(i) by the person who gave the undertaking agreeing to extend it beyond the specified expiry day (without any variation) or, if the person will not so agree, by the Minister publishing a dumping duty notice or a countervailing duty notice to take effect on the day after the specified expiry day in substitution for the undertaking; or

(ii) by the person who gave the undertaking agreeing to extend it beyond the specified expiry day with the variations sought by the Minister or, if the person will not so agree, by the Minister publishing a dumping duty notice or a countervailing duty notice to take effect on the day after the specified expiry day in substitution for the undertaking.


(c) (Repealed by No 206 of 2012)

269ZHG(5)  
If the Minister secures the continuation of anti-dumping measures in accordance with this section, the measures continue in force for 5 years after the specified expiry day unless:


(a) in the case of a dumping duty notice or a countervailing duty notice - the notice is revoked before the end of that period; or


(b) in the case of an undertaking - provision is made for its earlier expiration.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.