Customs Act 1901

PART XVB - SPECIAL PROVISIONS RELATING TO ANTI-DUMPING DUTIES  

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

SECTION 269TC   CONSIDERATION OF APPLICATION  

269TC(1)  


The Commissioner shall, within 20 days after receiving an application under subsection 269TB(1) in respect of goods, examine the application and, if the Commissioner is not satisfied, having regard to the matters contained in the application and to any other information that the Commissioner considers relevant:


(a) that the application complies with subsection 269TB(4) ; or


(b) that there is, or is likely to be established, an Australian industry in respect of like goods; or


(c) that there appear to be reasonable grounds:


(i) for the publication of a dumping duty notice or a countervailing duty notice, as the case requires, in respect of the goods the subject of the application; or

(ii) for the publication of such a notice upon the importation into Australia of such goods;

he or she shall reject the application and inform the applicant, by notice in writing, accordingly.

269TC(2)  


The Commissioner shall, within 20 days after receiving an application by the Government of a country under subsection 269TB(2) in respect of goods, examine the application and, if the Commissioner is not satisfied, having regard to the matters contained in the application and to any other information that the Commissioner considers relevant:


(a) that the application complies with subsection 269TB(4) ; or


(b) that there is a producer or manufacturer of like goods in that country who exports such goods to Australia; or


(c) that there appear to be reasonable grounds:


(i) for the publication of a dumping duty notice or a countervailing duty notice, as the case requires, in respect of the goods the subject of the application; or

(ii) for the publication of such a notice upon the importation into Australia of such goods;

he or she shall reject the application and inform the applicant, by notice in writing, accordingly.

269TC(2A)  


If an applicant, after lodging an application under section 269TB , decides to give the Commissioner further information in support of that application without having been requested to do so:


(a) the information must be lodged with the Commissioner, in writing, in the manner in which applications under that section must be lodged; and


(b) the information is taken to have been received by the Commissioner when the information is first received by a Commission staff member doing duty in relation to dumping applications; and


(c) this Part has effect as if:


(i) the application had included that further information; and

(ii) the application had only been lodged when that further information was lodged; and

(iii) the application had only been received when that further information was received.

269TC(3)  
Where, in accordance with subsection (1) or (2), the Commissioner rejects an application, the notice informing the applicant of that rejection:


(a) shall state the reasons why the Commissioner was not satisfied of one or more of the matters set out in that subsection; and


(b) shall inform the applicant of the applicant ' s right, within 30 days of the receipt of the notice, to apply for a review of the Commissioner ' s decision by the Review Panel under Division 9.

269TC(4)  
If the Commissioner decides not to reject an application under subsection 269TB(1) or (2) in respect of goods, the Commissioner must give public notice of the decision:


(a) setting out particulars of goods the subject of the application; and


(b) setting out the identity of the applicant; and


(ba) setting out the countries of export known to be involved; and


(bb) if the application is for a countervailing duty notice - also setting out the countries from which countervailable subsidisation is alleged to have been received; and


(bc) setting a date, which should be the date or estimated date of publication of the notice, as the date of initiation of the investigation; and


(bd) indicating the basis on which dumping or countervailable subsidisation is alleged to have occurred; and


(be) summarising the factors on which the allegation of injury or hindrance to the establishment of an industry is based; and


(bf) indicating that a report will be made to the Minister:


(i) within 155 days after the date of initiation of the investigation; or

(ii) within such longer period as the Minister allows under section 269ZHI ;
on the basis of the examination of exportations to Australia of goods the subject of the application during a period specified in the notice as the investigation period in relation to the application; and


(c) inviting interested parties to lodge with the Commissioner, within 37 days after the date of initiation of the investigation, submissions concerning the publication of the notice sought in the application; and


(d) stating that if the Commissioner, in accordance with section 269TD , makes a preliminary affirmative determination in relation to the application, he or she may apply provisional measures, including the taking of securities under section 42 , in respect of interim duty that may become payable on the importation of the goods the subject of the application; and


(e) stating that:


(i) within 110 days after the date of initiation of the investigation; or

(ii) such longer period as the Minister allows under section 269ZHI ;
the Commissioner, in accordance with section 269TDAA , will place on the public record a statement of the essential facts on which the Commissioner proposes to base a recommendation to the Minister; and


(f) inviting interested parties to lodge with the Commissioner, within 20 days of that statement being placed on the public record, submissions in response to that statement; and


(g) indicating the address at which, or the manner in which, submissions under paragraph (c) or (f) can be lodged; and


(h) stating that if the Minister decides to publish or not to publish a dumping duty notice or countervailing duty notice after considering the report referred to in paragraph (bf), certain persons will have the right to seek review of that decision in accordance with Division 9 .

269TC(5)  
Information required to be included in the notice under subsection (4) may be included in a separate report to which the notice makes reference.

269TC(5A)  


The Commissioner cannot vary the length of the investigation period.

269TC(6)  
Despite the fact that a notice under this section specifies a particular period for interested parties to lodge submissions with the Commissioner, if the Commissioner is satisfied, by representation in writing by an interested party:


(a) that a longer period is reasonably required for the party to make a submission; and


(b) that allowing a longer period will be practicable in the circumstances;

the Commissioner may notify the party, in writing, that a specified further period will be allowed for the party to lodge a submission.

269TC(7)  
As soon as practicable after the Commissioner decides not to reject an application under section 269TB for a dumping duty notice or a countervailing duty notice, the Commissioner must ensure that a copy of the application, or of so much of the application as is not claimed to be confidential or to constitute information whose publication would adversely affect a person ' s business or commercial interests, is made available:


(a) unless paragraph (b) applies - to all persons known to be exporters of goods the subject of the application and to the government of each country of export; or


(b) if the number of persons known to be exporters of goods the subject of the application is so large that it is not practicable to provide a copy of the application, or of so much of the application as is not the subject of such a claim, to each of them - to the government of each country of export and to each relevant trade association.

269TC(8)  


If the Commissioner is satisfied that a country whose exporters are nominated in an application for a dumping duty notice or a countervailing duty notice has an economy in transition, the Commissioner must, as soon as practicable after deciding not to reject the application:


(a) give each nominated exporter from such a country a questionnaire about evidence of whether or not paragraphs 269TAC(5D)(a) and (b) apply; and


(b) inform each such exporter that the exporter has a specified period of not less than 30 days for answering questions in the questionnaire; and


(c) inform each such exporter that the investigation of the application will proceed on the basis that subsection 269TAC(5D) applies to the normal value of the exporter ' s goods that are the subject of the application if:


(i) the exporter does not give the answers to the Commissioner within the period; or

(ii) the exporter gives the answers to the Commissioner within the period but they do not provide a reasonable basis for determining that paragraphs 269TAC(5D)(a) and (b) do not apply.
Note:

Paragraph 269TAC(5D)(a) or (b) applies if a government of the country of export significantly affects the selling price in that country of like goods to the goods that are the subject of the application.

269TC(9)  


Despite the fact that, under subsection (8), the Commissioner has informed an exporter given a questionnaire that the exporter has a particular period to answer the questions in the questionnaire, if the Commissioner is satisfied, by representation in writing by the exporter:


(a) that a longer period is reasonably required for the exporter to answer the questions; and


(b) that allowing a longer period will be practicable in the circumstances;

the Commissioner may notify the exporter, in writing, that a specified further period will be allowed for the exporter to answer the questions.

269TC(10)  


If, during an investigation in respect of goods the subject of an application under section 269TB , the Commissioner becomes aware of an issue as to whether a countervailable subsidy (other than one covered by the application) has been received in respect of the goods, the Commissioner may examine that issue as part of the investigation.

 

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