7Authority may make recommendations on publication of dumping duty notices etc.

##### 7 Authority may make recommendations on publication of dumping duty notices etc. (1) Where, in relation to an application under section 269TB of the Customs Act 1901: (a) the CEO refers to the Authority under subsection 269TD(2) of the Customs Act 1901 the question whether the publication of a dumping duty notice or countervailing duty notice sought in respect of the goods the subject of the application is justified; or (b) the Authority revokes, under subsection 8(2), a negative preliminary finding relating to such goods and substitutes a preliminary finding to the effect that there are sufficient grounds for the publication of a dumping duty notice or countervailing duty notice in respect of the goods the subject of the application or that there will be sufficient grounds for such publication subsequent to the importation into Australia of such goods; the Authority shall, after holding an inquiry into the matter and before the expiration of a period of 120 days, or, if another period is prescribed by the regulations for the purpose, before the expiration of that other period, after the reference, give to the Minister a report: (c) recommending whether any such notice should be published and the extent of any duties that are or should be payable under the Dumping Duty Act in consequence of such notice; (d) in particular recommending whether the Minister ought to be satisfied as to the matters in respect of which the Minister is required to be satisfied before such a notice can be published; (e) recommending, where applicable: (i) whether the Minister ought to give to the government of the country of export or to the exporter a notice under subsection 269TG(3D) or 269TJ(2A) of the Customs Act 1901; or (ii) whether the Minister ought to accept an undertaking the terms of which have been considered by the Authority under section 7C; and (f) which shall include all reasons for any recommendations. (2) In a report under subsection (1) in relation to goods the subject of an application under subsection 269TB(1) of the Customs Act 1901, the Authority’s recommendations shall, to the extent that it is practicable to do so, also relate to any like goods not covered by the application but imported into Australia during the period commencing on the day on which: (a) the CEO made, under subsection 269TD(2) of that Act, a finding that there were sufficient grounds for the publication of a dumping duty notice or countervailing duty notice in respect of the goods the subject of the application or that there would be sufficient grounds for such publication subsequent to the importation into Australia of such goods; or (b) where the CEO did not make such a finding in relation to the goods the subject of the application—the Authority, under subsection 8(2) of this Act, substituted such a finding in substitution for a negative preliminary finding of the CEO in relation to the goods the subject of the application; and ending on the day on which the report is given to the Minister. (3) Where an application is made in accordance with subsection (4) for the Authority to hold an inquiry into whether the Minister should revoke a notice under subsection 8(5), 9(5), 10(3B) or 11(5) of the Dumping Duty Act or should, under section 269TAJ of the Customs Act 1901, revoke or partly revoke a notice under Part XVB of that Act or release or partly release a person from an undertaking given under that Part, the Authority shall, after holding an inquiry into the matter and before the expiration of a period of 120 days, or, if another period is prescribed by the regulations for the purpose, before the expiration of that other period, after the application, give to the Minister a report recommending: (a) whether the notice should be revoked; or (b) whether the person should be released from the undertaking; as the case requires. (4) An application for the holding of an inquiry under subsection (3) must, subject to subsection (4A): (a) be in the form approved by the Authority; and (aa) be made before the transfer day; and (b) be made by: (i) if the application concerns a notice under the Dumping Duty Act or a notice under Part XVB of the Customs Act 1901—a person concerned in the importation or exportation of goods to which the notice relates; or (ii) if the application concerns an undertaking given under Part XVB of the Customs Act 1901—the person who gave the undertaking. (4A) An application for the holding of an inquiry into whether the Minister: (a) should revoke a notice under subsection 8(5), 9(5), 10(3B) or 11(4) of the Dumping Duty Act; or (b) should, under section 269TAJ of the Customs Act 1901, revoke or partly revoke a notice under Part XVB of that Act or release or partly release a person from an undertaking given under that Part; must not be made until after 12 months have elapsed from the date of publication of the notice or the date of acceptance of the undertaking. (6) In reaching a decision as to the recommendations to make in its report, the Authority shall have regard to all the submissions received by the Authority within the period specified in the notice of inquiry under section 23 but, subject to subsection (7), may disregard any submissions received after the end of that period. (7) In reaching a decision as to the recommendation to make in its report, the Authority: (a) must have regard to any submission: (i) that relates to the statement of essential facts placed on the public record under subsection 23A(8); and (ii) that is received by the Authority within 7 days after placing the statement on the record; but (b) may disregard any submission received more than 7 days after placing the statement on the record.