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 2
-
Consideration of anti-dumping matters by the Commissioner
History
Division heading amended by No 85 of 1995, s 11 and Sch 9, effective 1 July 1995.
Division heading inserted by No 174 of 1989, s 14, effective 21 December 1989.
SECTION 269TDA
TERMINATION OF INVESTIGATIONS
269TDA(1)
Commissioner must terminate if all dumping margins are negligible.
If:
(a)
application is made for a dumping duty notice; and
(b)
in an investigation, for the purposes of the application, of an exporter to Australia of goods the subject of the application, the Commissioner is satisfied that:
(i)
there has been no dumping by the exporter of any of those goods; or
(ii)
there has been dumping by the exporter of some or all of those goods, but the dumping margin for the exporter, or each such dumping margin, worked out under section
269TACB
, when expressed as a percentage of the export price or weighted average of export prices used to establish that dumping margin, is less than 2%;
the Commissioner must terminate the investigation so far as it relates to the exporter.
History
S 269TDA(1) amended by No 79 of 1998, s 2 and Sch 2 item 8.
S 269TDA(1) inserted by No 150 of 1994, s 18.
269TDA(2)
Commissioner must terminate if countervailable subsidisation is negligible.
If:
(a)
application is made for a countervailing duty notice; and
(b)
in an investigation, for the purposes of the application, of an exporter to Australia of goods the subject of the application, the Commissioner is satisfied that:
(i)
no countervailable subsidy has been received in respect of any of those goods; or
(ii)
a countervailable subsidy has been received in respect of some or all of those goods but it never, at any time during the investigation period, exceeded the negligible level of countervailable subsidy under subsection (16);
the Commissioner must terminate the investigation so far as it relates to the exporter.
History
S 269TDA(2) amended by No 196 of 2012, s 3 and Sch 1 item 10, applicable in relation to investigations that are initiated on or after 11 June 2013.
S 269TDA(2) amended by No 79 of 1998, s 2 and Sch 2 item 8.
S 269TDA(2) inserted by No 150 of 1994, s 18.
269TDA(3)
Commissioner must terminate if negligible volumes of dumping are found.
If:
(a)
application is made for a dumping duty notice; and
(b)
in an investigation for the purposes of the application the Commissioner is satisfied that the total volume of goods the subject of the application:
(i)
that have been, or may be, exported to Australia over a reasonable examination period from a particular country of export; and
(ii)
that have been, or may be, dumped;
is negligible;
the Commissioner must terminate the investigation so far as it relates to that country.
History
S 269TDA(3) amended by No 79 of 1998, s 2 and Sch 2 item 8.
S 269TDA(3) inserted by No 150 of 1994, s 18.
269TDA(4)
What is a negligible volume of dumped goods?
For the purpose of subsection (3), the total volume of goods the subject of the application that have been, or may be, exported to Australia over a reasonable examination period from the particular country of export and dumped is taken to be a negligible volume if:
(a)
when expressed as a percentage of the total Australian import volume, it is less than 3%; and
(b)
subsection (5) does not apply in relation to those first-mentioned goods.
History
S 269TDA(4) inserted by No 150 of 1994, s 18.
269TDA(5)
Aggregation of volumes of dumped goods.
For the purposes of subsection (4), this subsection applies in relation to goods the subject of the application that have been, or may be, exported to Australia over a reasonable examination period from the particular country of export and dumped if:
(a)
the volume of such goods that have been, or may be, so exported from that country and dumped, when expressed as a percentage of the total Australian import volume, is less than 3%; and
(b)
the volume of goods the subject of the application that have been, or may be, exported to Australia over that period from another country of export and dumped, when expressed as a percentage of the total Australian import volume, is also less than 3%; and
(c)
the total volume of goods the subject of the application that have been, or may be, exported to Australia over that period from the country to which paragraph (a) applies, and from all countries to which paragraph (b) applies, and dumped, when expressed as a percentage of the total Australian import volume, is more than 7%.
History
S 269TDA(5) inserted by No 150 of 1994, s 18.
269TDA(6)
Negligible dumping margins to count in determining volume.
The fact that the dumping margin, or each of the dumping margins, in relation to a particular exporter, when expressed as a percentage of the export price or weighted average of export prices used to establish that dumping margin, is less than 2%, does not prevent exports by that exporter being taken into account:
(a)
in working out the total volume of goods that have been, or may be, exported from a country of export and dumped; and
(b)
in aggregating, for the purposes of subsection (5), the volumes of goods that have been, or may be, exported from that country of export and other countries of export and dumped.
History
S 269TDA(6) inserted by No 150 of 1994, s 18.
269TDA(7)
Commissioner must terminate if negligible volumes of countervailable subsidisation are found.
If:
(a)
application is made for a countervailing duty notice; and
(b)
in an investigation for the purposes of the application, the Commissioner is satisfied that the total volume of goods the subject of the application:
(i)
that have been, or may be, exported to Australia from a particular country of export during a reasonable examination period; and
(ii)
in respect of which a countervailable subsidy has been, or may be, received;
is negligible;
the Commissioner must terminate the investigation so far as it relates to that country.
History
S 269TDA(7) amended by No 79 of 1998, s 2 and Sch 2 item 8.
S 269TDA(7) inserted by No 150 of 1994, s 18.
269TDA(8)
What is a negligible volume of subsidised goods?
For the purposes of subsection (7), the total volume of goods the subject of the application for a countervailing duty notice that have been, or may be, exported to Australia over a reasonable examination period from the particular country of export and in respect of which a countervailable subsidy has been received is taken to be a negligible volume if:
(a)
that country of export is not a developing country and that total volume, when expressed as a percentage of the total Australian import volume, is less than 3%; or
(b)
that country of export is a developing country and that total volume, when expressed as a percentage of the total Australian import volume, is less than 4%;
and subsections (9), (10) and (11) do not apply in relation to those first-mentioned goods.
History
S 269TDA(8) inserted by No 150 of 1994, s 18.
269TDA(9)
Aggregation of volumes of subsidised goods from countries other than developing countries.
For the purposes of subsection (8), this subsection applies in relation to goods the subject of the application that have been, or may be, exported to Australia over a reasonable examination period from the particular country of export and in respect of which a countervailable subsidy has been, or may be, received, if:
(a)
the country of export is not a developing country; and
(b)
the volume of such goods:
(i)
that have been, or may be, exported to Australia over that period from that country; and
(ii)
in respect of which a countervailable subsidy has been, or may be, received;
when expressed as a percentage of the total Australian import volume, is less than 3%; and
(c)
the volume of goods the subject of the application:
(i)
that have been, or may be, exported to Australia over that period from another country that is not a developing country; and
(ii)
in respect of which a countervailable subsidy has been, or may be, received;
when expressed as a percentage of the total Australian import volume, is also less than 3%; and
(d)
the total volume of goods the subject of the application:
(i)
that have been, or may be, exported to Australia over that period from the country to which paragraph (b) applies and from all countries to which paragraph (c) applies; and
(ii)
in respect of which a countervailable subsidy has been, or may be, received;
when expressed as a percentage of the total Australian import volume, is more than 7%.
History
S 269TDA(9) amended by No 79 of 1998, s 2 and Sch 2 item 4.
S 269TDA(9) inserted by No 150 of 1994, s 18.
269TDA(10)
Aggregation of volumes of subsidised goods from developing countries.
For the purposes of subsection (8), this subsection applies in relation to goods the subject of the application that have been, or may be, exported to Australia over a reasonable examination period from the particular country of export and in respect of which a countervailable subsidy has been, or may be, received if:
(a)
the country of export is a developing country; and
(b)
the volume of such goods:
(i)
that have been, or may be, exported to Australia over that period from that country; and
(ii)
in respect of which a countervailable subsidy has been, or may be, received;
when expressed as a percentage of the total Australian import volume, is less than 4%; and
(c)
the volume of goods the subject of the application:
(i)
that have been, or may be, exported to Australia over that period from another country that is a developing country; and
(ii)
in respect of which a countervailable subsidy has been, or may be, received;
when expressed as a percentage of the total Australian import volume, is also less than 4%; and
(d)
the total volume of goods the subject of the application:
(i)
that have been, or may be, exported to Australia over that period from the country to which paragraph (b) applies and from all countries to which paragraph (c) applies; and
(ii)
in respect of which a countervailable subsidy has been, or may be received;
when expressed as a percentage of the total Australian import volume, is more than 9%.
History
S 269TDA(10) amended by No 79 of 1998, s 2 and Sch 2 item 5.
S 269TDA(10) inserted by No 150 of 1994, s 18.
269TDA(11)
Aggregation of volumes of subsidised goods from member countries that are developing countries.
For the purposes of subsection (8), this subsection applies in relation to goods the subject of the application that have been, or may be, exported to Australia over a reasonable examination period from the particular country of export and in respect of which a countervailable subsidy has been, or may be, received if:
(a)
the country of export is a member country and a developing country; and
(b)
the volume of such goods;
(i)
that have been, or may be exported to Australia over that period from that country; and
(ii)
in respect of which a countervailable subsidy has been, or may be, received;
when expressed as a percentage of the total Australian import volume, is less than 4%; and
(c)
the volume of goods the subject of the application:
(i)
that have been, or may be, exported to Australia over that period from another member country that is a developing country; and
(ii)
in respect of which a countervailable subsidy has been, or may be, received;
when expressed as a percentage of the total Australian import volume, is less than 4%; and
(d)
the volume of goods the subject of the application:
(i)
that have been, or may be, exported to Australia over that period from the country to which paragraph (b) applies and from all countries to which paragraph (c) applies; and
(ii)
in respect of which a countervailable subsidy has been, or may be, received;
when expressed as a percentage of the total Australian import volume, is more than 9%.
History
S 269TDA(11) inserted by No 150 of 1994, s 18.
269TDA(12)
Negligible countervailable subsidies to count in determining volume.
The fact that the level of countervailable subsidy that has been, or may be, received in respect of goods that have been, exported, or may be exported, to Australia from a country of export is a negligible level under subsection (16) does not prevent exports from that country being taken into account:
(a)
in working out the total volume of goods that have been, or may be, exported from a country of export and in respect of which a countervailable subsidy has been, or may be, payable; and
(b)
in aggregating, for the purposes of subsection (9), (10) or (11), volumes of goods that have been, or may be, exported to Australia from that country and other countries and in respect of which a countervailing subsidy has been, or may be, received.
History
S 269TDA(12) inserted by No 150 of 1994, s 18.
269TDA(13)
Commissioner must terminate dumping investigation if export causes negligible injury etc.
Subject to subsection (13A), if:
(a)
application is made for a dumping duty notice; and
(b)
in an investigation, for the purposes of the application, of goods the subject of the application that have been, or may be, exported to Australia from a particular country of export, the Commissioner is satisfied that the injury, if any, to an Australian industry or an industry in a third country, or the hindrance, if any, to the establishment of an Australian industry, that has been, or may be, caused by that export is negligible;
the Commissioner must terminate the investigation so far as it relates to that country.
History
S 269TDA(13) amended by No 42 of 2015, s 3 and Sch 1 item 59, applicable in relation to applications for a dumping duty notice, or a countervailing duty notice, that are made on or after 2 November 2015.
S 269TDA(13) amended by No 196 of 2012, s 3 and Sch 4 item 5, applicable in relation to investigations that are initiated on or after 13 December 2012.
S 269TDA(13) amended by No 79 of 1998, s 2 and Sch 2 item 8.
S 269TDA(13) inserted by No 150 of 1994, s 18.
269TDA(13A)
If, in relation to the investigation referred to in subsection (13), the Commissioner, in accordance with subsection (14B), considers the cumulative effect of exportations of goods to Australia from 2 or more countries of export, then the following apply in relation to those countries:
(a)
if the Commissioner is not satisfied that the injury to an Australian industry or an industry in a third country, or the hindrance to the establishment of an Australian industry, that has been, or may be, caused by those exports is negligible
-
subsection (13) does not apply in relation to those countries;
(b)
if the Commissioner is satisfied that such injury or hindrance that has been, or may be, caused by those exports is negligible
-
the Commissioner must terminate the investigation so far as it relates to those countries.
Note:
If the investigation also covers exports of goods from a country that was not part of the cumulation consideration because those exports did not satisfy the criteria in subsection (14B), then the Commissioner will consider whether subsection (13) applies to that country.
History
S 269TDA(13A) inserted by No 42 of 2015, s 3 and Sch 1 item 60, applicable in relation to applications for a dumping duty notice, or a countervailing duty notice, that are made on or after 2 November 2015.
269TDA(14)
Commissioner must terminate countervailable subsidy investigation if export causes negligible injury.
Subject to subsection (14A), if:
(a)
application is made for a countervailing duty notice; and
(b)
in an investigation, for the purpose of the application, of goods the subject of the application that have been, or may be, exported to Australia from a particular country of export, the Commissioner is satisfied that the injury, if any, to an Australian industry or an industry in a third country that has been, or may be, caused by that export is negligible;
the Commissioner must terminate the investigation so far as it relates to that country.
History
S 269TDA(14) amended by No 42 of 2015, s 3 and Sch 1 item 61, applicable in relation to applications for a dumping duty notice, or a countervailing duty notice, that are made on or after 2 November 2015.
S 269TDA(14) amended by No 196 of 2012, s 3 and Sch 1 item 12, applicable in relation to investigations that are initiated on or after 11 June 2013.
S 269TDA(14) amended by No 79 of 1998, s 2 and Sch 2 item 8.
S 269TDA(14) inserted by No 150 of 1994, s 18.
269TDA(14A)
If, in relation to the investigation referred to in subsection (14), the Commissioner, in accordance with subsection (14B), considers the cumulative effect of exportations of goods to Australia from 2 or more countries of export, then the following apply in relation to those countries:
(a)
if the Commissioner is not satisfied that the injury to an Australian industry or an industry in a third country that has been, or may be, caused by those exports is negligible
-
subsection (14) does not apply in relation to those countries;
(b)
if the Commissioner is satisfied that such injury that has been, or may be, caused by those exports is negligible
-
the Commissioner must terminate the investigation so far as it relates to those countries.
Note:
If the investigation also covers exports of goods from a country that was not part of the cumulation consideration because those exports did not satisfy the criteria in subsection (14B), then the Commissioner will consider whether subsection (14) applies to that country.
History
S 269TDA(14A) inserted by No 42 of 2015, s 3 and Sch 1 item 62, applicable in relation to applications for a dumping duty notice, or a countervailing duty notice, that are made on or after 2 November 2015.
Cumulative assessment of injury or hindrance
269TDA(14B)
For the purpose of subsection (13A) or (14A), the Commissioner must consider the cumulative effect of exportations of goods to Australia from 2 or more countries of export if the Commissioner is satisfied that:
(a)
each of those exportations is the subject of an investigation; and
(b)
either:
(i)
all the investigations of those exportations resulted from applications under section
269TB
lodged with the Commissioner on the same day; or
(ii)
the investigations of those exportations resulted from applications under section
269TB
lodged with the Commissioner on different days but the investigation periods for all the investigations of those exportations overlap significantly; and
(c)
for the purposes of subsection (13A)
-
the dumping margin worked out under section
269TACB
for the exporter for each of the exportations is at least 2% of the export price or weighted average of export prices used to establish that dumping margin; and
(d)
for the purposes of subsection (13A)
-
for each application, the volume of goods the subject of the application that have been, or may be, exported to Australia over a reasonable examination period (as defined in subsection
269TDA(17)
) from the country of export and dumped is not taken to be negligible for the purposes of subsection
269TDA(3)
because of subsection
269TDA(4)
; and
(e)
for the purposes of subsection (14A):
(i)
the amount of the countervailable subsidy in respect of the goods the subject of each of the exportations exceeds the negligible level of countervailable subsidy worked out under subsection
269TDA(16)
; and
(ii)
the volume of each of those exportations is not negligible; and
(f)
it is appropriate to consider the cumulative effect of those exportations, having regard to:
(i)
the conditions of competition between those goods; and
(ii)
the conditions of competition between those goods and like goods that are domestically produced.
History
S 269TDA(14B) inserted by No 42 of 2015, s 3 and Sch 1 item 62, applicable in relation to applications for a dumping duty notice, or a countervailing duty notice, that are made on or after 2 November 2015.
269TDA(15)
Commissioner must give public notice of termination decisions.
If the Commissioner decides to terminate an investigation so far as it relates to a particular exporter or country of export, the Commissioner must:
(a)
give public notice of that decision; and
(b)
ensure that:
(i)
in the case of an exporter, a copy of the notice is sent to the applicant, the exporter and the government of the country of export; or
(ii)
in the case of a country of export, a copy of the notice is sent to the applicant and the government of that country; and
(c)
inform the applicant of the applicant
'
s right, within 30 days after the first publication of the public notice, to apply for a review of the Commissioner
'
s decision by the Review Panel under Division 9.
History
S 269TDA(15) amended by No 205 of 2012, s 3 and Sch 1 item 6, effective 10 June 2013. For application and transitional provisions, see note under the title of this Act.
S 269TDA(15) amended by No 79 of 1998, s 2, Sch 1 item 48 and Sch 2 item 8.
S 269TDA(15) inserted by No 150 of 1994, s 18.
269TDA(16)
Negligible countervailable subsidisation.
For the purposes of this section, a countervailable subsidy received in respect of goods exported to Australia is negligible if:
(a)
the country of export is not a developing country and the subsidy, when expressed as a percentage of the export price of the goods, is less than 1%; or
(b)
the country of export is a developing country but not a special developing country and the subsidy, when expressed as a percentage of the export price of the goods, is not more than 2%; or
(c)
the country of export is a special developing country and the subsidy, when expressed as a percentage of the export price of the goods, is not more than 3%.
History
S 269TDA(16) inserted by No 150 of 1994, s 18.
269TDA(17)
Definition
-
reasonable examination period.
In this section:
"reasonable examination period"
, in relation to an application for a dumping duty notice or a countervailing duty notice in respect of goods, means a period comprising:
(a)
the whole or a substantial part of the investigation period; or
(b)
any period after the end of the investigation period that is taken into account for the purpose of considering possible future importations of goods the subject of the application;
"total Australian import volume"
, in relation to a volume of goods the subject of an application for a dumping duty notice or a countervailing duty notice that have been, or may be, exported to Australia from a particular country during a period, means the total volume of all goods the subject of the application and like goods that have been, or may be, exported to Australia from all countries during that period.
History
S 269TDA(17) inserted by No 150 of 1994, s 18.
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