Customs Act 1901

PART XVB - SPECIAL PROVISIONS RELATING TO ANTI-DUMPING DUTIES  

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

SECTION 269TEB   COMMISSIONER RECOMMENDATIONS CONCERNING UNDERTAKINGS OFFERED AFTER PRELIMINARY AFFIRMATIVE DETERMINATION  

269TEB(1)   [Persons who may give terms of undertaking]  

A person who:


(a) if application has been made for publication of a dumping duty notice in respect of goods - is an exporter of such goods; or


(b) if application has been made for publication of a countervailing duty notice in respect of goods - is the government of the country of export, or is an exporter, of such goods;

may, at any time after the making of a preliminary affirmative determination in respect of the application, indicate in writing to the Commissioner the terms in which the government or exporter would be prepared to give an undertaking to the Minister.

269TEB(2)   [Commissioner ' s satisfaction with terms]  

The Commissioner must consider whether he or she is satisfied that those terms are adequate to remove the injury, or the threat of injury, to which the application is addressed so far as the government or exporter offering the undertaking is concerned and, by notice in writing:


(a) if the Commissioner is so satisfied - recommend to the Minister that he or she accept the undertaking; or


(b) if the Commissioner is not so satisfied - indicate to the government or exporter the reasons why he or she is not so satisfied.

269TEB(3)   [Revision of terms]  

A government or an exporter may, having regard to those reasons, indicate to the Commissioner that the government or exporter is prepared to give an undertaking to the Minister in revised terms.

269TEB(4)   [Commissioner ' s satisfaction with revised terms]  

If an undertaking in revised terms is proposed to the Commissioner, the Commissioner must:


(a) if he or she is not satisfied that the undertaking as so revised is adequate to remove the injury, or the threat of injury, to which the application is addressed - inform the government or exporter to that effect; and


(b) if he or she is so satisfied - recommend to the Minister that the Minister accept the undertaking as revised.

269TEB(5)   [Acceptance of government ' s undertaking]  

If the Minister accepts the undertaking proposed by a government, investigation of the application is suspended so far as it relates to goods exported from that country.

269TEB(6)   [Acceptance of exporter ' s undertaking]  

If the Minister accepts the undertaking proposed by an exporter, investigation of the application is suspended so far as it relates to goods exported by that exporter.

269TEB(7)   [Breach of undertaking]  

If:


(a) investigation of an application is suspended:


(i) so far as it relates to goods exported from a particular country; or

(ii) so far as it relates to goods exported by a particular exporter;
on the Minister ' s acceptance of an undertaking proposed by the government of that country or by that exporter; and


(b) that government or exporter breaches that undertaking;

the Minister may take such steps as he or she considers necessary to facilitate the resumption of the investigation in so far as it relates to goods exported from that country or by that exporter.

269TEB(8)   [Minister may require resumption of investigation]  

Without limiting the generality of subsection (7), the Minister may, in writing, require the Commissioner to resume the investigation so far as it relates to goods exported from the country, or by the exporter, who breached the undertaking subject to such conditions as to the conduct of the investigation as the Minister considers appropriate.

269TEB(9)   [Considerations for resumption of investigation]  

In determining the steps to be taken in order to facilitate the resumption of an investigation, and, where the Minister requires that the Commissioner resume the investigation, to determine the conditions on which the resumed investigation is to be conducted, the Minister must have regard to:


(a) the procedures that had been completed when the undertaking was accepted; and


(b) the length of time that has elapsed since the acceptance of the undertaking.

269TEB(10)   [No obligation to consider terms]  

The Commissioner is not obliged to consider the terms of any proposed undertaking provided by a government or an exporter if to do so would prevent the timely making of a recommendation by the Commissioner to the Minister under section 269TEA .

269TEB(11)   [Commissioner may recommend Minister seek undertaking and set out terms]  

If the Commissioner does not recommend the acceptance of an undertaking under this section, the Commissioner may nonetheless recommend to the Minister that he or she seek an undertaking from the government or exporter who proposed the undertaking and set out the terms of the undertaking that he or she recommends the Minister seek.


 

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