Customs Act 1901

PART XVB - SPECIAL PROVISIONS RELATING TO ANTI-DUMPING DUTIES  

Division 7 - Procedural and evidentiary matters  

SECTION 269ZI   PUBLIC NOTICE  

269ZI(1)  


If a person or body is required or empowered to give public notice of a decision or determination but the provision requiring or empowering the giving of that notice does not specify where the notice is to be given, it is to be published on the Anti-Dumping Commission ' s website.

269ZI(2)  


If a person or body is required or empowered to give public notice of a decision or determination, whether because of subsection (1) or otherwise, that person or body must:


(a) set out in the notice particulars of the decision or determination made; and


(b) set out in the notice, or in a separate report to which the notice refers, the reasons for the decision or determination including all material findings of fact or law on which the decision or determination is based; and


(c) if a person has a right to have the decision or determination reviewed by another body or referred to another body for review - set out in the notice full particulars of those rights; and


(d) if the material findings of fact or law are contained in a separate report - ensure that copies of the report are freely available and that the manner of obtaining a copy is set out in the notice.

269ZI(3)  
A person or body required or empowered to give public notice of a decision or determination must:


(a) ensure that a copy of the notice and, where appropriate, of a report to which the notice refers, is provided to each country whose exporters are affected by the decision or determination; and


(b) give a copy of the report to each other interested party known to be affected by the decision or determination.

269ZI(4)  
If the Commissioner gives public notice of a decision under paragraph 269TD(4)(b) to require securities in respect of interim duty that may become payable, the particulars of the decision to require those securities as set out in the notice should include, in particular:


(a) the names of the exporters of the goods concerned, or, where this is impracticable, the name of the country or countries of export concerned; and


(b) a description of the goods either in terms of an item of the Customs Tariff Act 1995 or otherwise; and


(c) in the case of an application for the publication of a notice under section 269TG or 269TH :


(i) particulars of dumping margins established in relation to each of the exporters involved; and

(ii) an explanation of the methods used to compare export prices and normal values to establish those dumping margins;


(d) in the case of an application for the publication of a notice under section 269TJ or 269TK - the amount of subsidy established in relation to each of the exporters involved; and


(e) the considerations relevant to the determination of material injury to an industry, or of material hindrance to the establishment of an industry, for the purposes of the preliminary affirmative determination.

269ZI(5)  
If the Minister gives public notice:


(a) of a decision under section 269TG or 269TH to publish a dumping duty notice; or


(b) of a decision under section 269TL not to publish such a notice;

then, for the purposes of the public notice:


(c) the particulars of the decision should include:


(i) the matters referred to in paragraphs (4)(a), (b) and (c); and

(ii) particulars of the export price and normal value of the goods concerned ascertained, or last ascertained, for the purposes of subsection 269TG(1) or (2) or 269TH(1) or (2) ; and

(iii) any considerations relevant to a determination of material injury to an industry, or of material hindrance to the establishment of an industry, for the purposes of the decision; and


(d) if the decision involves any retrospective imposition of duty - the reasons for the decision should include the basis for the retrospective imposition of duty.

269ZI(6)  
If the Minister gives public notice:


(a) of a decision under section 269TJ or 269TK to publish a countervailing duty notice; or


(b) of a decision under section 269TL not to publish such a notice;

then, for the purposes of the public notice:


(c) the particulars of the decision should include:


(i) the matters referred to in paragraphs (4)(a), (b) and (d); and

(ii) particulars of the countervailable subsidy received in respect of the goods concerned ascertained, or last ascertained, for the purposes of subsection 269TJ(1) or (2) or 269TK(1) or (2) ; and

(iii) any considerations relevant to a determination of material injury, to an industry or of material hindrance to the establishment of an industry, for the purposes of the decision; and


(d) if the decision involves any retrospective imposition of duty - the reasons for the decision should include the basis for the retrospective imposition of duty.

269ZI(7)  
If the Minister gives public notice under subsection 269TG(6) of a decision to accept an undertaking by an exporter of goods, the particulars of the decision to accept that undertaking should include, in particular:


(a) the name of the exporter of the goods concerned; and


(b) a description of the goods either in terms of an item of the Customs Tariff Act 1995 or otherwise; and


(c) the price below which, in accordance with the terms of the undertaking, the goods will not be sold for export to Australia.

269ZI(8)  
If the Minister gives public notice under subsection 269TJ(3C) of a decision to accept an undertaking given by a government of a country of export in relation to the export trade to Australia in like goods, the particulars of the decision to accept that undertaking should include, in particular:


(a) the name of the government of the country of export; and


(b) a description of the goods either in terms of an item of the Customs Tariff Act 1995 or otherwise; and


(c) details of the changes proposed to be made to the countervailable subsidy provided by that government in respect of those goods.

269ZI(9)  


If, a person or body is required or empowered to give public notice of a decision or determination:


(a) the person or body must ensure that the notice given does not contain any information that is claimed to be confidential or to be information whose publication would adversely affect a person ' s business or commercial interests; but


(b) if it is practicable to do so, the person or body should include in the notice a summary of that information in a form that allows a reasonable understanding of the information without breaching that confidentiality or adversely affecting those interests.

269ZI(10)  
Nothing in this section limits the operation of another provision of this Part that specifies the matters that must be included in a public notice.


 

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