Customs Act 1901
PART XVB
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SPECIAL PROVISIONS RELATING TO ANTI-DUMPING DUTIES
Division 3
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Consideration of anti-dumping matters by the Minister
SECTION 269TN
RETROSPECTIVE NOTICES
269TN(1)
Subject to this section, the Minister must not cause a notice to be published under subsection 269TG(1) , 269TH(1) , 269TJ(1) or 269TK(1) in respect of goods that have been entered for home consumption.
269TN(2)
Subsection (1) does not prevent the publication of a notice under subsection 269TG(1) , 269TH(1) , 269TJ(1) or 269TK(1) in respect of goods that have been entered for home consumption in relation to which security has been taken under section 42 in respect of any interim duty that might become payable under section 8, 9, 10 or 11 of the Dumping Duty Act, as the case may be (not being security that has been cancelled), by reason of the publication of such a notice or in relation to which the Commonwealth had the right to require and take such security (not being security that would have been cancelled under this Act if it had been taken).
Dumping duties
269TN(3)
Subsection (1) does not prevent the publication of a notice under subsection 269TG(1) in respect of goods that have been entered for home consumption to which, by virtue of subsection (4) of this section, this subsection applies, if:
(a) within 90 days after the entry of the goods for home consumption, security has been taken under section 42 in respect of any interim duty that might be payable on goods of the same kind under section 8 of the Dumping Duty Act or, within that period, the Commonwealth had the right to require and take such security; and
(b) the Minister considers that material injury has been caused to an Australian industry by the export to Australia during a short period of large quantities of goods of the same kind, being injury arising by reason of the amount of the export price of the goods exported being less than the amount of the normal value of the goods exported, and the Minister considers that the publication of the notice is necessary to prevent the serious undermining of the remedial effect of the dumping duty that will become payable upon publication of the notice.
269TN(4)
Subsection (3) applies to goods:
(a) that have been imported into Australia by an importer who the Minister considers knew, or ought to have known, that the amount of the export price of the goods was less than the normal value of the goods and that by reason thereof material injury would be caused to an Australian industry; or
(b) that are goods of a kind the exportation of which to Australia on a number of occasions has caused, or, but for the publication of a notice under section 269TG in respect of goods of that kind, would have caused, material injury to an Australian industry by reason of the amount of the export price of the goods exported being less than the normal value of the goods exported.
269TN(4A)
Before the Minister decides to publish a dumping duty notice under subsection 269TG(1) in circumstances referred to in subsection (3) of this section, in respect of goods that have already been entered for home consumption, the Minister must:
(a) inform the importer of the goods of the decision he or she proposes to make; and
(b) allow a reasonable opportunity for the importer of the goods to comment on the proposed decision; and
(c) give consideration to the comment provided by the importer.
269TN(4B)
If:
(a) the Minister is satisfied that an act or omission of an exporter who has given an undertaking under subsection 269TG(4) is a violation of that undertaking; and
(b) at the time of, or at any time after, that act or omission, security has been taken under section 42 in respect of any interim duty that might be payable under section 8 of the Dumping Duty Act on goods of the kind to which the undertaking relates or the Commonwealth had the right to require and take such security;
(c) have been exported by the exporter; and
(d) are of the kind to which the undertaking relates; and
(e) have been entered for home consumption on a day that:
269TN(4C)
Despite subsections (3) to (4B), the Minister must not publish a notice under subsection 269TG(1) in respect of goods that have been entered for home consumption before the date of initiation of the investigation concerned.
Countervailing duties
269TN(5)
Subsection (1) does not prevent the publication of a notice under subsection 269TJ(1) in respect of goods that have been entered for home consumption if:
(a) within 90 days after the entry of the goods for home consumption, security has been taken under section 42 in respect of any interim duty that might be payable on goods of the same kind under section 10 of the Dumping Duty Act or, within that period, the Commonwealth had the right to require and take such security; and
(b) the Minister considers that material injury, which is difficult to repair, has been caused to an Australian industry by the export to Australia during a short period of large quantities of goods of the same kind because a countervailable subsidy has been received from the country of export or country of origin of those goods, and the Minister considers that the publication of the notice is necessary to prevent the recurrence of the injury.
269TN(6)
Before the Minister decides to publish a countervailing duty notice under subsection 269TJ(1) in circumstances referred to in subsection (5) of this section, in respect of goods that have already been entered for home consumption, the Minister must:
(a) inform the importer of the goods of the decision he or she proposes to make; and
(b) allow a reasonable opportunity for the importer of the goods to comment on the proposed decision; and
(c) give consideration to the comments provided by the importer.
269TN(7)
Where:
(a) the Minister is satisfied that an act or omission of the Government of a country that has given an undertaking in accordance with subsection 269TJ(3) is a violation of that undertaking; and
(b) at the time of, or at any time after, that act or omission, security has been taken under section 42 in respect of any interim duty that might be payable under section 10 of the Dumping Duty Act on goods of the kind to which the undertaking relates or the Commonwealth had the right to require and take such security;
(c) are the produce or manufacture of that country or have been exported from that country, as the case may be; and
(d) are of the kind to which the undertaking relates; and
(e) have been entered for home consumption on a day that:
269TN(8)
Where:
(a) the Minister is satisfied that an act or omission of an exporter who has given an undertaking in accordance with subsection 269TJ(3) is a violation of that undertaking; and
(b) at the time of, or at any time after, that act or omission, security has been taken under section 42 in respect of any interim duty that might be payable under section 10 of the Dumping Duty Act on goods of the kind to which the undertaking relates or the Commonwealth had the right to require and take such security;
(c) have been exported by the exporter; and
(d) are of the kind to which the undertaking relates; and
(e) have been entered for home consumption on a day that:
View history note
Hide history noteSubject to this section, the Minister must not cause a notice to be published under subsection 269TG(1) , 269TH(1) , 269TJ(1) or 269TK(1) in respect of goods that have been entered for home consumption.
269TN(2)
Subsection (1) does not prevent the publication of a notice under subsection 269TG(1) , 269TH(1) , 269TJ(1) or 269TK(1) in respect of goods that have been entered for home consumption in relation to which security has been taken under section 42 in respect of any interim duty that might become payable under section 8, 9, 10 or 11 of the Dumping Duty Act, as the case may be (not being security that has been cancelled), by reason of the publication of such a notice or in relation to which the Commonwealth had the right to require and take such security (not being security that would have been cancelled under this Act if it had been taken).
Dumping duties
269TN(3)
Subsection (1) does not prevent the publication of a notice under subsection 269TG(1) in respect of goods that have been entered for home consumption to which, by virtue of subsection (4) of this section, this subsection applies, if:
(a) within 90 days after the entry of the goods for home consumption, security has been taken under section 42 in respect of any interim duty that might be payable on goods of the same kind under section 8 of the Dumping Duty Act or, within that period, the Commonwealth had the right to require and take such security; and
(b) the Minister considers that material injury has been caused to an Australian industry by the export to Australia during a short period of large quantities of goods of the same kind, being injury arising by reason of the amount of the export price of the goods exported being less than the amount of the normal value of the goods exported, and the Minister considers that the publication of the notice is necessary to prevent the serious undermining of the remedial effect of the dumping duty that will become payable upon publication of the notice.
269TN(4)
Subsection (3) applies to goods:
(a) that have been imported into Australia by an importer who the Minister considers knew, or ought to have known, that the amount of the export price of the goods was less than the normal value of the goods and that by reason thereof material injury would be caused to an Australian industry; or
(b) that are goods of a kind the exportation of which to Australia on a number of occasions has caused, or, but for the publication of a notice under section 269TG in respect of goods of that kind, would have caused, material injury to an Australian industry by reason of the amount of the export price of the goods exported being less than the normal value of the goods exported.
269TN(4A)
Before the Minister decides to publish a dumping duty notice under subsection 269TG(1) in circumstances referred to in subsection (3) of this section, in respect of goods that have already been entered for home consumption, the Minister must:
(a) inform the importer of the goods of the decision he or she proposes to make; and
(b) allow a reasonable opportunity for the importer of the goods to comment on the proposed decision; and
(c) give consideration to the comment provided by the importer.
269TN(4B)
If:
(a) the Minister is satisfied that an act or omission of an exporter who has given an undertaking under subsection 269TG(4) is a violation of that undertaking; and
(b) at the time of, or at any time after, that act or omission, security has been taken under section 42 in respect of any interim duty that might be payable under section 8 of the Dumping Duty Act on goods of the kind to which the undertaking relates or the Commonwealth had the right to require and take such security;
subsection (1) of this section does not prevent the publication of a notice under subsection 269TG(1) in respect of goods that:
(c) have been exported by the exporter; and
(d) are of the kind to which the undertaking relates; and
(e) have been entered for home consumption on a day that:
(i) was not earlier than the day on which that act or omission occurred; and
(ii) was not more than 90 days before the day on which that security was taken or there was a right to require and take such security.
269TN(4C)
Despite subsections (3) to (4B), the Minister must not publish a notice under subsection 269TG(1) in respect of goods that have been entered for home consumption before the date of initiation of the investigation concerned.
Countervailing duties
269TN(5)
Subsection (1) does not prevent the publication of a notice under subsection 269TJ(1) in respect of goods that have been entered for home consumption if:
(a) within 90 days after the entry of the goods for home consumption, security has been taken under section 42 in respect of any interim duty that might be payable on goods of the same kind under section 10 of the Dumping Duty Act or, within that period, the Commonwealth had the right to require and take such security; and
(b) the Minister considers that material injury, which is difficult to repair, has been caused to an Australian industry by the export to Australia during a short period of large quantities of goods of the same kind because a countervailable subsidy has been received from the country of export or country of origin of those goods, and the Minister considers that the publication of the notice is necessary to prevent the recurrence of the injury.
269TN(6)
Before the Minister decides to publish a countervailing duty notice under subsection 269TJ(1) in circumstances referred to in subsection (5) of this section, in respect of goods that have already been entered for home consumption, the Minister must:
(a) inform the importer of the goods of the decision he or she proposes to make; and
(b) allow a reasonable opportunity for the importer of the goods to comment on the proposed decision; and
(c) give consideration to the comments provided by the importer.
269TN(7)
Where:
(a) the Minister is satisfied that an act or omission of the Government of a country that has given an undertaking in accordance with subsection 269TJ(3) is a violation of that undertaking; and
(b) at the time of, or at any time after, that act or omission, security has been taken under section 42 in respect of any interim duty that might be payable under section 10 of the Dumping Duty Act on goods of the kind to which the undertaking relates or the Commonwealth had the right to require and take such security;
subsection (1) does not prevent the publication of a notice under subsection 269TJ(1) in respect of goods that:
(c) are the produce or manufacture of that country or have been exported from that country, as the case may be; and
(d) are of the kind to which the undertaking relates; and
(e) have been entered for home consumption on a day that:
(i) was not earlier than the day on which that act or omission occurred; and
(ii) was not more than 90 days before the day on which that security was taken or there was a right to require and take such security.
269TN(8)
Where:
(a) the Minister is satisfied that an act or omission of an exporter who has given an undertaking in accordance with subsection 269TJ(3) is a violation of that undertaking; and
(b) at the time of, or at any time after, that act or omission, security has been taken under section 42 in respect of any interim duty that might be payable under section 10 of the Dumping Duty Act on goods of the kind to which the undertaking relates or the Commonwealth had the right to require and take such security;
subsection (1) does not prevent the publication of a notice under subsection 269TJ(1) in respect of goods that:
(c) have been exported by the exporter; and
(d) are of the kind to which the undertaking relates; and
(e) have been entered for home consumption on a day that:
(i) was not earlier than the day on which that act or omission occurred; and
(ii) was not more than 90 days before the day on which that security was taken or there was a right to require and take such security.
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