Customs Act 1901

PART XVB - SPECIAL PROVISIONS RELATING TO ANTI-DUMPING DUTIES  

Division 5A - Anti-circumvention inquiries  

SECTION 269ZDBE   CONSIDERATION OF APPLICATIONS AND REQUESTS FOR CONDUCT OF AN ANTI-CIRCUMVENTION INQUIRY  

Applications

269ZDBE(1)  


If an application under subsection 269ZDBC(1) for the conduct of an anti-circumvention inquiry in relation to an original notice is lodged with the Commissioner, the Commissioner must, within 20 days after receiving the application:


(a) examine the application; and


(b) if the Commissioner is not satisfied, having regard to the application and any other information that the Commissioner considers relevant, of either or both of the matters referred to in subsection (2) - reject the application and inform the applicant, by notice in writing, accordingly.

Note:

For original notice , see section 269ZDBC .

269ZDBE(2)  
For the purposes of subsection (1), the matters to be considered in relation to an application are:


(a) that the application complies with section 269ZDBD ; and


(b) that there appear to be reasonable grounds for asserting that one or more circumvention activities in relation to the original notice have occurred.

269ZDBE(3)  
The notice informing the applicant of the rejection of the application must set out the reasons why the Commissioner was not satisfied of either or both of the matters referred to in subsection (2).

269ZDBE(4)  


If the Commissioner does not reject an application for the conduct of an anti-circumvention inquiry in relation to the original notice, the Commissioner must publish a notice on the Anti-Dumping Commission ' s website indicating that such an inquiry is to be conducted. Requests

269ZDBE(5)  


If, under subsection 269ZDBC(2) , the Minister requests the Commissioner to conduct an anti-circumvention inquiry in relation to an original notice, the Commissioner must, on receipt of that request, publish a notice on the Anti-Dumping Commission ' s website indicating that such an inquiry is to be conducted.
Note:

For original notice , see section 269ZDBC .

Content of notice

269ZDBE(6)  
A notice (the inquiry notice ) published by the Commissioner under subsection (4) or (5) must:


(a) describe the kind of goods to which the inquiry relates; and


(b) describe the original notice the subject of the inquiry; and


(c) state that the inquiry will examine whether circumvention activities in relation to the original notice have occurred; and


(d) indicate that a report will be made to the Minister:


(i) unless subparagraph (ii) applies - within 155 days after the day the inquiry notice is published or such longer period as the Minister allows under section 269ZHI ; or

(ii) if the inquiry relates to whether circumvention activity, in relation to the original notice, within the meaning of subsection 269ZDBB(5A) , has occurred - within 100 days after the day the inquiry notice is published or such longer period as the Minister allows under section 269ZHI ; and


(e) invite interested parties to lodge with the Commissioner, within 37 days after the day of publication of the inquiry notice, submissions concerning the inquiry; and


(f) if subparagraph (d)(i) applies - state that:


(i) within 110 days after the publication of the inquiry notice; or

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


(g) if subparagraph (d)(i) applies - invite 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


(h) indicate the address at which, or the manner in which, submissions under paragraph (e) or (g) may be lodged.


 

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