Customs Amendment (Anti-dumping Measures) Act 2011 (124 of 2011)

Schedule 1   Customs Act 1901

11   After section 269ZC

Insert:

269ZCA Application to extend a review of anti-dumping measures to include revocation

If:

(a) a notice was published by the CEO under subsection 269ZC(4), (5) or (6); and

(b) the notice did not state the review will examine whether the measures are no longer warranted (see paragraph 269ZC(7)(bb)); and

(c) an affected party considers that it can provide evidence that may satisfy the CEO that there are reasonable grounds for determining that the anti-dumping measures described in the notice are no longer warranted;

the affected party may, by application lodged with Customs, request that the CEO consider that evidence.

269ZCB Content and lodgment of application to extend a review of anti-dumping measures to include revocation

(1) An application under section 269ZCA must:

(a) be lodged within 40 days of the publication of the relevant notice under subsection 269ZC(4), (5) or (6); and

(b) be in writing; and

(c) be in an approved form; and

(d) contain such information as the form requires; and

(e) be signed in the manner indicated by the form.

(2) Without otherwise limiting the matters that can be required by the approved form to be included, the application must include evidence of the circumstances that in the applicant’s view indicate that the anti-dumping measures are no longer warranted.

(3) An application may be lodged with Customs:

(a) by leaving it at a place allocated for lodgment of such applications at Customs House in Canberra; or

(b) by posting it by prepaid post to a postal address specified in the approved form; or

(c) by sending it by fax to a fax number specified in the approved form;

and the application is taken to have been lodged when the application, or a fax of the application, is first received by an officer of Customs doing duty in relation to applications for review of anti-dumping measures.

(4) The day on which the application is taken to have been lodged must be recorded on the application.

269ZCC Consideration of applications and requests for extensions of reviews

(1) If an application under section 269ZCA is lodged with Customs, the CEO must, within 20 days after Customs receives the application:

(a) examine the application; and

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

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

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

(b) that the CEO is satisfied that there appear to be reasonable grounds for recommending that the anti-dumping measures are no longer warranted.

(3) The notice informing the applicant of the rejection of the application must set out the reasons why the CEO was not satisfied of one or more of the matters set out in subsection (2).

(4) If the CEO decides not to reject an application, the CEO must publish a notice in a newspaper circulating in each State, in the Australian Capital Territory and in the Northern Territory.

(5) If the CEO considers (either as a result of an application under section 269ZCA or on the CEO’s own initiative) that the review applied for should be extended to include any additional matter, the CEO may, within 40 days after the publication of the notice under subsection 269ZC(4), (5) or (6) relating to the review, recommend to the Minister that the review be extended accordingly.

(6) If:

(a) anti-dumping measures have been taken in respect of goods; and

(b) an application under subsection 269ZA(1) for review of anti-dumping measures has been made; and

(c) the Minister considers (either as a result of a recommendation from the CEO under subsection (5) of this section or on the Minister’s own initiative) that there appear to be reasonable grounds to extend the review applied for to include any additional matter;

the Minister may, within 60 days of the publication of the relevant notice under subsection 269ZC(4), (5) or (6), by notice in writing, request that the CEO extend the review applied for accordingly.

(7) If the CEO is requested under this section by the Minister to extend a review of anti-dumping measures, the CEO must, on receipt of that request, publish a notice in a newspaper circulating in each State, in the Australian Capital Territory and in the Northern Territory indicating that it is proposed to so extend the review.

(8) The notice published by the CEO under subsection (4) or (7) must:

(a) describe the kind of goods to which the relevant review of anti-dumping measures relates; and

(b) describe the measures to which the review relates; and

(c) if the CEO is satisfied that there may be reasonable grounds for the CEO making a revocation recommendation - state that fact; and

(d) invite affected parties to lodge with the CEO submissions concerning the extended review.