PART XVB
-
SPECIAL PROVISIONS RELATING TO ANTI-DUMPING DUTIES
History
Pt XVB amended by No 32 of 2013, s 3 and Sch 1 items 10
-
14, effective 1 July 2013. For transitional provisions see note under the title of this Act.
[
CCH Note:
Sch 4 of No 79 of 1998 provides for the following application, transitional and saving provisions which commenced on 24 July 1998.
Application, transitional and saving provisions
Definitions for the purposes of application, transitional and saving provisions generally
1
In this Schedule:
ADA Act
means the
Anti-Dumping Authority Act 1988
.
affected party
has the same meaning as in Part XVB of the Customs Act.
Authority
means the Anti-Dumping Authority established by section 4 of the ADA Act.
CEO
has the same meaning as in the Customs Act.
Customs Act
means the
Customs Act 1901
.
Dumping Duty Act
means the
Customs Tariff (Anti-Dumping) Act 1975
.
importer
has the same meaning as in Part XVB of the Customs Act.
interim duty
has the same meaning as in Part XVB of the Customs Act.
negative preliminary decision
has the same meaning as in Part XVB of the Customs Act.
negative preliminary finding
, in relation to goods the subject of an application under section 269TB of the Customs Act, means a preliminary finding, under that Act, to the effect that:
(a)
there are not sufficient grounds for publication of a dumping duty notice or a countervailing duty notice in respect of such goods; or
(b)
there will not be sufficient grounds for such publication after the importation into Australia of such goods.
positive preliminary finding
, in relation to goods the subject of an application under section 269TB of the Customs Act, means a preliminary finding, under that Act, to the effect that:
(a)
there are sufficient grounds for publication of a dumping duty notice or a countervailing duty notice in respect of such goods; or
(b)
there will be sufficient grounds for such publication after the importation into Australia of such goods.
public record
has the same meaning as in Part XVB of the Customs Act.
reviewable decision
has the same meaning as in Division 9 of Part XVB of the Customs Act.
Review Officer
has the same meaning as in Part XVB of the Customs Act.
transfer day
means the day on which the items in Schedule 1 (other than item 39) commence.
Application provision
2(1)
The Customs Act, as amended by this Act, applies in relation to:
(a)
all applications under section 269TB of that Act as so amended for publication of dumping duty notices or countervailing duty notices; and
(b)
all applications under Division 4 of Part XVB of the Customs Act as so amended for assessment of the duty payable under the Dumping Duty Act on goods on which an interim duty has been or is paid, whether that interim duty was paid before, or is paid on or after, the transfer day; and
(c)
all applications, under Division 5 of Part XVB of the Customs Act as so amended, for review of anti-dumping measures, whether those measures were imposed before, or are imposed on or after, the transfer day; and
(d)
all applications, under Division 6 of Part XVB of the Customs Act as so amended, for the accelerated review of dumping duty notices or countervailing duty notices, whether those notices were published before, or are published on or after, the transfer day; and
(e)
all applications, under Division 6A of Part XVB of the Customs Act as so amended, for continuation of anti-dumping measures, whether those measures were imposed before, or are imposed on or after, the transfer day; and
(f)
all applications, under Division 9 of Part XVB of the Customs Act as so amended, for the review of reviewable decisions within the meaning of that Division made on or after the transfer day.
2(2)
Nothing in subitem (1) implies that the Customs Act as amended by this Act does not apply in any additional circumstance where it is expressed to apply because of the operation of item 3, 4, 5, 6, or 7.
Transitional provisions
-
decisions concerning rejection of applications under section 269TB of the Customs Act
3(1)
If, before the transfer day:
(a)
an application is made under section 269TB of the Customs Act as then in force; but
(b)
the CEO has neither made a decision to reject, nor made a decision not to reject, that application;
then:
(c)
the application is to be treated, for all purposes, on and after that day, as if it were an application made under the Customs Act as amended by this Act; and
(d)
the ADA Act does not apply in respect of that application.
3(2)
If, before the transfer day
(a)
an application is made under section 269TB of the Customs Act as then in force; and
(b)
the CEO decides to reject that application; and
(c)
the applicant refers the decision to the Authority for review; but
(d)
that review is not completed;
then:
(e)
the review is to continue to be dealt with by the Authority, on and after that day, under section 8 of the ADA Act; and
(f)
if the Authority confirms the decision
-
the application lapses; and
(g)
if the Authority revokes the decision
-
an investigation in respect of the application is to be initiated under the Customs Act as amended by this Act as if:
(i)
the Customs Act as so amended had been in force when the application was made; and
(ii)
the CEO had decided not to reject the application.
3(3)
If, before the transfer day:
(a)
an application is made under section 269TB of the Customs Act as then in force; and
(b)
the CEO decides to reject that application; and
(c)
the applicant does not refer the decision to the Authority for review;
then:
(d)
the application is to be dealt with, on or after that day, for all purposes (including working out time limits for a possible review of that decision by the Review Officer) as if the Customs Act as amended by this Act had been in force when the application was made; and
(e)
the ADA Act does not apply in respect of the application.
Transitional provisions
-
Customs investigations that have not resulted in a preliminary finding before transfer day
4(1)
If:
(a)
an application is made under section 269TB of the Customs Act as in force before the transfer day; and
(b)
the CEO has initiated an investigation in respect of that application but has not, before that day, made a preliminary finding; and
(c)
not more than 100 days have passed since the initiation of the investigation;
the investigation is to be treated, on and after that day, for all purposes, as if it had, at all times, been an investigation, under the Customs Act as amended by this Act, in respect of an application made under the Customs Act as so amended.
4(2)
For the purposes of so treating the investigation, and without limiting the generality of subitem (1):
(a)
the time limits for the making of a preliminary affirmative determination, the placing of a statement of essential facts on the public record, and the making of a report in respect of the investigation to the Minister, under the Customs Act as amended by this Act, are to be worked out from the date of the actual initiation of the investigation under the Customs Act as in force before the transfer day; and
(b)
if a preliminary affirmative determination is so made, securities may be imposed in accordance with subsection 269TD(3) of the Customs Act as so amended.
Transitional provisions
-
Customs investigations terminated before transfer day
5(1)
If:
(a)
an application is made under section 269TB of the Customs Act as in force before the transfer day; and
(b)
the CEO has initiated an investigation in respect of that application but decides, before that day, to terminate that investigation under section 269TDA of that Act as so in force; and
(c)
not more than 100 days have passed between the initiation of the investigation and the making of that decision; and
(d)
the applicant, before that day, refers the decision to the Authority for review under section 7A of the ADA Act but that review is not completed before that day;
then:
(e)
the review is to continue to be dealt with by the Authority, on and after that day, under the ADA Act; and
(f)
if the Authority confirms the decision
-
the investigation lapses; and
(g)
if the Authority rejects the decision
-
the investigation is to be remitted to the CEO to be dealt with in accordance with subitem (2).
5(2)
If an investigation is remitted to the CEO in the circumstances set out in subitem (1):
(a)
subject to paragraphs (b) and (c), the investigation is to be dealt with in the same manner as if it were an investigation in respect of an application made under section 269TB of the Customs Act as amended by this Act; and
(b)
if, when the investigation is remitted, more than 110 days have passed since the date of initiation of the investigation
-
the CEO must place the statement of essential facts relating to the investigation on the public record as soon as practicable after the investigation is remitted; and
(c)
the report on the investigation that is required to be made to the Minister is, in circumstances to which paragraph (b) applies, required to be so made within 45 days after the placing of the statement of essential facts on the public record.
Transitional provisions
-
positive preliminary finding made by CEO before transfer day
6(1)
If, before the transfer day:
(a)
an application is made under section 269TB of the Customs Act as then in force; and
(b)
the CEO makes a positive preliminary finding in respect of the application;
the CEO must, if he or she has not already done so;
(c)
give public notice of that finding; and
(d)
refer the question whether the publication of the notice sought in the application is justified to the Authority for determination under the ADA Act.
6(2)
If public notice of the finding is given on or after the transfer day, it is required to be given in accordance with section 269ZI of the Customs Act as in force immediately before that day.
6(3)
For the purposes of the operation of the ADA Act in respect of the referral of the question referred to in paragraph (1)(d), that referral is treated as having taken place under subsection 269TD(2) of the Customs Act as in force immediately before the transfer day, whether it took place before, or takes place on or after, that day.
Note:
The determination of a question referred to the Authority under subsection 7(1) of the ADA Act may involve the exercise of termination powers under section 7B of that Act or the acceptance of an undertaking under section 7C of that Act.
Transitional provisions
-
negative preliminary findings made by CEO before transfer day
7(1)
If, before the transfer day:
(a)
an application is made under section 269TB of the Customs Act as then in force; and
(b)
the CEO makes a negative preliminary finding in respect of the application; and
(c)
the applicant refers the finding to the Authority for review; but
(d)
that review is not completed;
then:
(e)
the review is to continue to be dealt with by the Authority, on and after that day, under section 8 of the ADA Act; and
(f)
if the Authority confirms the finding
-
the investigation lapses; and
(g)
if the Authority rejects the finding
-
the investigation is, despite the terms of subsection 8(2) of the ADA Act, to be remitted to the CEO.
7(2)
If, before the transfer day:
(a)
an application is made under section 269TB of the Customs Act as then in force; and
(b)
the CEO makes a negative preliminary finding in respect of the application; and
(c)
the applicant does not refer the finding to the Authority for review; but
(d)
the period for so referring the finding has not expired;
then:
(e)
the applicant may refer the finding to the Authority as if the amendments of the Customs Act made by this Act had not been made; and
(f)
if the applicant does so, the review is to be dealt with by the Authority, under section 8 of the ADA Act; and
(g)
if the Authority confirms the finding
-
the investigation lapses; and
(h)
if the Authority rejects the finding
-
the investigation is, despite the terms of subsection 8(2) of the ADA Act, to be remitted to the CEO.
7(3)
If an investigation is remitted to the CEO in the circumstances set out in subitem (1) or (2):
(a)
subject to paragraphs (b) and (c), the investigation is to be dealt with in the same manner as if it were an investigation of an application made under section 269TB of the Customs Act as amended by this Act; and
(b)
if, when the investigation is remitted, more than 110 days have passed since the date of initiation of the investigation
-
the CEO must place the statement of essential facts relating to the investigation on the public record as soon as practicable after the investigation is remitted; and
(c)
the report on the investigation that is required to be made to the Minister is, in circumstances to which paragraph (b) applies, required to be so made within 45 days after the placing of the statement of essential facts on the public record.
Transitional provisions
-
applications for assessment of duty
8(1)
If, before the transfer day:
(a)
an application is made under section 269V of the Customs Act as then in force requesting an assessment of duty on goods entered for home consumption during a particular importation period; and
(b)
the CEO has not made a decision under subsection 269X(6) in relation to that application;
then, for the purpose of the CEO
'
s dealing with that application on an after that day, Division 4 of the Customs Act as in force before that day continues to apply in relation to the CEO
'
s consideration of the application as if the amendments of the Customs Act made by items 63, 64, 65 and 66 of Schedule 1 to this Act had not been made.
8(2)
If, before the transfer day:
(a)
an application is made under section 269V of the Customs Act as then in force requesting an assessment of duty on goods entered for home consumption during a particular importation period; and
(b)
the CEO has made a negative preliminary decision in relation to that application; and
(c)
the applicant refers the negative preliminary decision to the Authority for review; but
(d)
the review is not completed;
then
(e)
the review is to continue to be dealt with by the Authority, on and after that day, under section 8B of the ADA Act; and
(f)
section 269Y of the Customs Act has effect, on and after that day, in relation to any recommendation received by the Minister from the Authority, as if the amendment of that section made by item 69 of Schedule 1 to this Act had not been made.
8(3)
If, before the transfer day:
(a)
an application is made under section 269V of the Customs Act as then in force requesting an assessment of duty on goods entered for home consumption during a particular importation period; and
(b)
the CEO has made a negative preliminary decision in relation to that application; and
(c)
the applicant does not refer the decision to the Authority for review; but
(d)
the period for so referring the decision has not expired;
then:
(e)
with effect from the transfer day, the applicant
'
s right to refer the decision to the Authority for review is terminated but the applicant may instead, within the time limit that would have applied for so referring the decision, apply instead to the Review Officer to review the decision; and
(f)
if the applicant does so, the review is to be dealt with by the Review Officer under Division 9 of the Customs Act as amended by this Act as if it were a review, sought in accordance with the requirements of that Division, of a decision made under the Customs Act as amended by this Act.
Saving provision
-
review of interim duty
9
If, before the transfer day:
(a)
interim duty has been paid under the Dumping Duty Act on goods entered for home consumption under the Customs Act as in force before that day; and
(b)
the CEO has received an application from an affected party, or a notice from the Minister, under Division 5 of Part XVB of the Customs Act as so in force, requesting a review of the rate of interim duty imposed on those goods;
that Division of the Customs Act as so in force continues to apply, on and after that day, in respect of that review as if the amendments of the Customs Act made by this Act had not been made.
Amending Act No 173 of 1989, s 9 provides:
(1)
Any act or thing done, including, but without limiting the generality of the foregoing, any determination made, any notice given or published, or any undertaking given or accepted, under a provision of the
Customs Tariff (Anti-Dumping) Act 1975
that is repealed and re-enacted in similar form in a provision (in this subsection called the
'
corresponding provision
'
) inserted in Part XVB of the
Customs Act 1901
has effect, on and after the day this section commences, for all purposes, as if it were an act or thing done under the corresponding provision.
(2)
Any delegation under section 19 of the
Customs Tariff (Anti-Dumping) Act 1975
of a power or function conferred on the Minister under a provision of that Act that is repealed and re-enacted in similar form in a provision (in this subsection called the
'
corresponding provision
'
) inserted in Part XVB of the
Customs Act 1901
, being a delegation that is in force immediately before the day this section commences, continues to have effect, on and after that day, for all purposes, as if it were a delegation under section 9 of the
Customs Act 1901
of that power or function as conferred on the Minister by the corresponding provision.]
Division 3
-
Consideration of anti-dumping matters by the Minister
History
Division heading inserted by No 174 of 1989, s 16, effective 21 December 1989.
SECTION 269TJ
COUNTERVAILING DUTIES
269TJ(1)
[Any goods]
Subject to section
269TN
, where the Minister is satisfied, as to any goods that have been exported to Australia, that:
(a)
a countervailable subsidy has been received in respect of the goods; and
(b)
because of that:
(i)
material injury to an Australian industry producing like goods has been or is being caused or is threatened or the establishment of an Australian industry producing like goods has been or may be materially hindered; or
(ii)
in a case where security has been taken under section
42
in respect of any interim duty that may become payable on the goods under section 10 of the Dumping Duty Act
-
material injury to an Australian industry producing like goods would or might have been caused if the security had not been taken;
the Minister may, by public notice, declare that section 10 of that Act applies:
(c)
to the goods in respect of which the Minister is so satisfied; and
(d)
to like goods that were exported to Australia after the Commissioner made a preliminary affirmative determination under section
269TD
in respect of the goods referred to in paragraph (c) but before the publication of that notice.
History
S 269TJ(1) amended by No 26 of 1999, Sch 1 item 13, effective 24 July 1998.
S 269TJ(1) amended by No 26 of 1999, Sch 1 item 12, effective 1 January 1993.
S 269TJ(1) amended by No 79 of 1998, s 2 and Sch 2 item 9, effective 24 July 1998.
S 269TJ(1) amended by No 150 of 1994, s 22(a)-(b), effective 1 January 1995.
S 269TJ(1) amended by No 207 of 1992, s 16 and Sch, effective 1 January 1993.
S 269TJ(1) inserted by No 174 of 1989, s 16, effective 21 December 1989.
269TJ(2)
[Goods of any kind]
Where the Minister is satisfied, as to goods of any kind that:
(a)
a countervailable subsidy:
(i)
has been received in respect of goods the subject of the application that have already been exported to Australia; and
(ii)
may be received in respect of like goods that may be exported to Australia in the future; and
(b)
because of that, material injury to an Australian industry producing like goods has been or is being caused or is being threatened, or the establishment of an Australian industry producing like goods has been or may be materially hindered;
the Minister may, by public notice (whether or not he or she has made, or proposes to make, a declaration under subsection (1) in respect of like goods that have been exported to Australia), declare that section 10 of the Dumping Duty Act applies to like goods that are exported to Australia after the date of publication of the notice or such later date as is specified in the notice.
History
S 269TJ(2) amended by No 26 of 1999, Sch 1 item 15, effective 24 July 1998.
S 269TJ(2) amended by No 26 of 1999, Sch 1 item 14, effective 1 January 1993.
S 269TJ(2) amended by No 79 of 1998, s 2 and Sch 2 item 9, effective 24 July 1998.
S 269TJ(2) amended by No 150 of 1994, s 22(c)-(e), effective 1 January 1995.
S 269TJ(2) inserted by No 174 of 1989, s 16, effective 21 December 1989.
269TJ(2A)
[Notice in writing]
If the export of a consignment of goods to Australia has been under consideration by the Minister so as to decide whether or not to publish a countervailing duty notice under this section in relation to the goods in the consignment or to like goods, the Minister may give notice, in writing, to the government of the country of export or to the exporter stating that:
(a)
the Minister is of the opinion that it would be appropriate for the government or the exporter to give an undertaking in accordance with subsection (3) to the Minister; and
(b)
an undertaking, in the terms set out in the notice, would be satisfactory to the Minister.
History
S 269TJ(2A) inserted by No 150 of 1994, s 22(f), effective 1 January 1995.
269TJ(3)
[Defer decision]
Whether or not a notice has been given to a government or to an exporter in respect of goods in the consignment or like goods, the Minister may defer the decision to publish or not to publish a countervailing duty notice covering those goods if the Minister is given and accepts an undertaking to which subsection (3A) applies.
History
S 269TJ(3) substituted by No 150 of 1994, s 22(f), effective 1 January 1995.
269TJ(3A)
[Application]
This subsection applies:
(a)
to an undertaking given by a government
-
if it is an undertaking that the government will, in relation to any export trade to Australia in like goods, review any countervailable subsidy delivered by that government and make any changes found to be necessary to avoid:
(i)
causing or threatening material injury to an Australian industry producing like goods; or
(ii)
materially hindering the establishment of such an Australian industry; and
(b)
to an undertaking by an exporter
-
if it is an undertaking that the exporter will so conduct future trade to Australia in like goods as to avoid:
(i)
causing or threatening material injury to an Australian industry producing like goods; or
(ii)
materially hindering the establishment of such an Australian industry.
History
S 269TJ(3A) amended by No 79 of 1998, s 2 and Sch 2 item 6, effective 24 July 1998.
S 269TJ(3A) substituted by No 150 of 1994, s 22(f), effective 1 January 1995.
269TJ(3B)
[Price increase]
In giving a notice, and in considering the terms of any proposed undertaking, the Minister must have regard to the desirability that any price increase arising from the undertaking is limited to an amount such that the total price of the goods is not more than the non-injurious price of the goods.
History
S 269TJ(3B) inserted by No 150 of 1994, s 22(f), effective 1 January 1995.
269TJ(3BA)
However, subsection (3B) does not require the Minister to have regard to the matter in that subsection if the Minister is satisfied that either or both of the following apply in relation to the goods in the consignment:
(a)
the country of export has not complied with Article 25 of the Agreement on Subsidies and Countervailing Measures for the compliance period;
(b)
there is an Australian industry in respect of like goods that consists of at least 2 small-medium enterprises, whether or not that industry consists of other enterprises.
History
S 269TJ(3BA) inserted by No 95 of 2013, s 3 and Sch 1 item 8, applicable in relation to a notice given under subsection
269TG(3D)
or
269TJ(2A)
of the
Customs Act 1901
on or after 1 January 2014, where:
(a) the application for the publication of a dumping duty notice or a countervailing duty notice was made on or after 1 January 2014; or
(b) the investigation under subsection
269TAG(1)
of that Act began on or after 1 January 2014.
269TJ(3C)
[Minister
'
s obligations]
The Minister:
(a)
may give a notice under subsection (2A) whether or not the giving of such a notice has been recommended by the Commissioner in a recommendation under section
269TEA
; and
(b)
may accept an undertaking whether or not the acceptance of such an undertaking has been recommended by the Commissioner in a recommendation under section
269TEB
; and
(c)
must not:
(i)
give a notice to a government or exporter under subsection (2A); or
(ii)
accept an undertaking from a government or an exporter;
in respect of particular goods or like goods unless a preliminary affirmative determination, or an equivalent determination in an investigation conducted under section
269TAG
, has been made to the effect that there are grounds for publication of a countervailing duty notice in respect of those like goods; and
(d)
must not accept an undertaking from an exporter unless the government of the country of export consents to the giving of the undertaking; and
(e)
must give public notice of any undertaking so accepted.
History
S 269TJ(3C) amended by No 79 of 1998, s 2 and Sch 1 items 54 and 55, effective 24 July 1998.
S 269TJ(3C) inserted by No 150 of 1994, s 22(f), effective 1 January 1995.
269TJ(3D)
[Acceptance subject to conditions]
The acceptance by the Minister of an undertaking may be subject to conditions that include, but are not limited to, conditions relating to:
(a)
giving the Minister, on an agreed basis, information that is relevant to the fulfilment of the undertaking; and
(b)
providing the Minister with appropriate access to such information.
History
S 269TJ(3D) inserted by No 150 of 1994, s 22(f), effective 1 January 1995.
269TJ(3E)
[Exporter requests determination]
The acceptance by the Minister of an undertaking from an exporter does not prevent the exporter requesting the Minister to determine whether, had the undertaking not been accepted, the Minister would have published a countervailing duty notice or would have decided not to publish such a notice.
History
S 269TJ(3E) inserted by No 150 of 1994, s 22(f), effective 1 January 1995.
269TJ(3F)
[Minister
'
s determination]
The Minister must, if an exporter makes such a request, and may, on his or her own initiative, determine whether he or she would have published a countervailing duty notice or would have decided not to publish such a notice if the undertaking had not been accepted.
History
S 269TJ(3F) inserted by No 150 of 1994, s 22(f), effective 1 January 1995.
269TJ(3G)
[Report from Commissioner]
Subsection (3F) does not imply that the Minister is required to make a determination under that subsection before the Minister has received a report from the Commissioner in relation to the matter.
History
S 269TJ(3G) amended by No 79 of 1998, s 2 and Sch 1 item 56, effective 24 July 1998.
S 269TJ(3G) inserted by No 150 of 1994, s 22(f), effective 1 January 1995.
269TJ(3H)
[Lapse of undertaking]
If the Minister determines under subsection (3F) that he or she would have decided not to publish a countervailing duty notice, the undertaking automatically lapses.
History
S 269TJ(3H) inserted by No 150 of 1994, s 22(f), effective 1 January 1995.
269TJ(4)-(10)
(Repealed by No 79 of 1998)
269TJ(11)
[Statement of subsidy and non-injurious price]
If a notice under subsection (1) or (2) declares particular goods to be goods to which section 10 of the Dumping Duty Act applies, the notice must, subject to subsection (12), include a statement setting out:
(a)
the amount of countervailable subsidy that the Minister ascertained, at the time of publication of the notice, had been or would be received in respect of the goods to which the notice relates; and
(b)
the amount that the Minister has ascertained, at that time, was or would be the non-injurious price of the goods.
History
S 269TJ(11) amended by No 79 of 1998, s 2 and Sch 2 item 9, effective 24 July 1998. a
S 269TJ(11) amended by No 150 of 1994, s 22(m), effective 1 January 1995.
S 269TJ(11) inserted by No 207 of 1992, s 13, effective 1 January 1993. See note under s 269TJ(12) for transitional provision of s 17 of No 207 of 1992.
269TJ(12)
[Confidential information]
If any person who has provided information to assist the Minister to ascertain:
(a)
the amount of any countervailable subsidy received in respect of goods to which a declaration under subsection (1) or (2) relates; or
(b)
the non-injurious price of any goods to which a declaration under subsection (1) or (2) relates;
claims, in writing, that the information is confidential or that the inclusion in a notice under that subsection of the amount of that subsidy or of the amount of that non-injurious price would adversely affect the person
'
s business or commercial interests:
(c)
in accordance with subsection
269ZI(9)
, the Minister is not required to include a statement of that amount or that price in the notice; but
(d)
upon request the Commissioner may provide a statement of that amount or that price to persons who, in the Commissioner
'
s opinion, would be affected parties in any review of the rate of interim duty imposed on like goods to the goods to which the declaration relates.
History
S 269TJ(12) amended by No 85 of 1995, s 11 and Sch 9, effective 1 July 1995.
S 269TJ(12) amended by No 150 of 1994, s 22(n)-(p), effective 1 January 1995.
S 269TJ(12) inserted by No 207 of 1992, s 13, effective 1 January 1993. S 17 of No 207 of 1992 provides that the provisions of the
Customs Act 1901
as in force before 1 January 1993 continue to apply:
(a) in relation to dumping duty notices or countervailing duty notices: (i) that are published by the Minister before that day; or (ii) that are published by the Minister on or after that day but that apply to goods entered for home consumption before that day; and
(b) in relation to all securities taken, and duty imposed, as a result of, or applications for, those notices;
as if this amendment had not been made.
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