(3H) 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.
(11) 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.
(12) 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.
269TJA Concurrent dumping and subsidy
(1) Where the Minister is satisfied, as to any goods that have been exported to Australia:
(a) that the amount of the export price of those goods is less than the amount of the normal value of those goods; and
(b) that a countervailable subsidy has been received in respect of the goods; and
(c) that, because of the combined effect of the difference between the 2 amounts referred to in paragraph (a) and of the subsidy referred to in paragraph (b):
(i) material injury to an Australian industry producing like goods has been or is being caused or is threatened; or
(ii) the establishment of an Australian industry producing like goods has been or may be materially hindered;
the Minister may publish a notice under subsection 269TG(1), a notice under subsection 269TJ(1) or notices under both subsections 269TG(1) and 269TJ(1) at the same time in respect of the same goods.
(2) Where the Minister is satisfied, as to goods of any kind:
(a) that the amount of the export price of like goods that have already been exported to Australia is less than the amount of the normal value of those goods, and the amount of the export price of like goods that may be exported to Australia in the future may be less than the normal value of the goods; and
(b) that 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
(c) that, because of the combined effect of the difference referred to in paragraph (a) and of the subsidy referred to in paragraph (b):
(i) material injury to an Australian industry producing like goods has been or is being caused or is being threatened; or
(ii) the establishment of an Australian industry producing like goods has been or may be materially hindered;
the Minister may publish a notice under subsection 269TG(2), a notice under subsection 269TJ(2) or notices under both subsections 269TG(2) and 269TJ(2) at the same time in respect of the same goods.
(3) If the Minister has had under consideration the export of a consignment of goods to Australia with a view to determining whether or not notices should be published in accordance with subsection (1) or (2), under both section 269TG and 269TJ in respect of the same goods, the Minister may defer the decision to publish or not to publish notices under both of those sections covering the exporter concerned if he or she is given and accepts:
(a) an undertaking by the exporter under section 269TG, and an undertaking by the exporter under section 269TJ, in respect of the same goods; or
(b) an undertaking by the exporter under section 269TG and an undertaking by the government of the country of origin, or of the country of export, of the goods in the consignment under section 269TJ.
(4) If, in respect of the same consignment of goods, the Minister accepts 2 undertakings from the exporter of the goods or an undertaking from the exporter of the goods and an undertaking from the government of the country of origin or country of export of the goods, the Minister must be satisfied that the combined effect of the undertakings is not greater than is necessary to prevent material injury or the recurrence of material injury to an Australian industry producing like goods or to remove the actual or possible hindrance to the establishment of such an Australian industry.
269TK Third country countervailing duties
(1) Subject to section 269TN, where the Minister is satisfied, as to any goods produced or manufactured in a particular country 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 industry in a third country engaged in the production or manufacture of like goods has been or is being caused or is being threatened; 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 this section—material injury to an industry in a third country engaged in the production or manufacture of like goods would or might have been caused if the security had not been taken;
the Minister, if requested by the Government of the third country to do so, may, by public notice, declare that section 11 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.
(2) Where the Minister is satisfied, as to goods of any kind produced or manufactured in a particular country 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) by reason thereof material injury to an industry in a third country engaged in the production of like goods has been or is being caused or is being threatened;
the Minister, if requested by the Government of the third country so to do, may, by public notice (whether or not he or she has made, or makes, a declaration under subsection (1) in respect of like goods that have been exported to Australia), declare that section 11 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.
(3) If the Minister is satisfied that adequate information as to the amount of countervailable subsidy in relation to goods cannot be obtained for the purposes of this section, the amount of countervailable subsidy is to be taken to be such amount as is determined, in writing, by the Minister.
(4) For the purposes of this section, the benefit accruing to an exporter from the use of dual or multiple rates of exchange in relation to the proceeds of export sales is to be taken to be financial assistance paid to the exporter.
(5) Where a notice under subsection (1) or (2) declares particular goods to be goods to which section 11 of the Dumping Duty Act applies, the notice must, subject to subsection (6), 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 ascertained, at that time, was or would be the non‑injurious price of the goods.
(6) 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 notice under subsection (1) or (2) relates; or
(b) the non‑injurious price of such goods;
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.
269TL Minister to give public notice not to impose duty
(1) Where the Minister receives a recommendation from the Commissioner concerning the imposition of dumping duty, third country dumping duty, countervailing duty or third country countervailing duty on particular goods or on goods of a like kind to particular goods and the Minister decides, after having regard to that recommendation, not to declare those goods to be goods to which section 8, 9, 10 or 11, as the case requires, of the Dumping Duty Act applies, the Minister must give public notice to that effect.
269TLA Time limit for Minister to make certain decisions
(1) This section applies if the Minister receives a recommendation from the Commissioner concerning the imposition of dumping duty, third country dumping duty, countervailing duty or third country countervailing duty on goods.
(2) The Minister must decide whether or not to publish a dumping duty notice or a countervailing duty notice, or both a dumping duty notice and a countervailing duty notice, in respect of the goods within:
(a) 30 days after receiving the recommendation; or
(b) if the Minister considers there are special circumstances that prevent the decision being made within that period—such longer period as the Minister considers appropriate.
(3) If paragraph (2)(b) applies, the Minister must give public notice of the longer period.
(4) Subsection (2) does not apply if:
(a) the Minister defers the decision under subsection 269TG(4), 269TJ(3) or 269TJA(3); or
(b) subsection 269TN(4A) or (6) applies in relation to the decision; or
(c) the application to which the recommendation relates is withdrawn before the Minister makes the decision.
269TM Periods during which certain notices and undertakings to remain in force
(1) Subject to subsection (1A), if a notice is published after section 17 of the Customs Legislation (Tariff Concessions and Anti‑Dumping) Amendment Act 1992 commences under a relevant notification provision in respect of goods of a particular kind, that notice expires 5 years after the day on which it is published unless it is revoked before the end of that period.
(1A) If:
(a) a notice (the original notice) is published under a relevant notification provision in respect of goods of a particular kind; and
(b) in relation to the investigation that resulted in the publication of the original notice, the Minister accepted an undertaking under subsection 269TEB(5) or (6) that was proposed by a government of a country of export, or by an exporter, of goods of that kind; and
(c) before the end of the period of 5 years beginning on the day (the start day) that the Minister accepted that undertaking:
(i) that government or exporter breaches that undertaking; and
(ii) the Minister, under subsection 269TEB(7), takes steps to facilitate the resumption of the investigation in so far as it relates to goods of that kind exported from that country or exported by that exporter; and
(iii) another notice is published under a relevant notification provision in respect of goods of that kind exported from that country or exported by that exporter;
then the other notice expires 5 years after the start day unless it is revoked before the end of that period.
(2) Where an undertaking is entered into after section 17 of the Customs Legislation (Tariff Concessions and Anti‑Dumping) Amendment Act 1992 commences under a relevant undertaking provision in respect of goods of a particular kind, that undertaking expires 5 years after the day on which it was entered into unless provision is made for its earlier expiration.
(3) If:
(a) a notice was or is published before section 17 of the Customs Legislation (Tariff Concessions and Anti‑Dumping) Amendment Act 1992 commences; and
(b) the notice is in force immediately before the commencement of that section;
the notice expires 5 years after the day on which it was published unless it is sooner revoked.
(3A) If:
(a) an undertaking was or is entered into before section 17 of the Customs Legislation (Tariff Concessions and Anti‑Dumping) Amendment Act 1992 commences; and
(b) the undertaking is in force immediately before that section commences;
the Minister must, by notice in writing, give the person who gave the undertaking the opportunity, before the undertaking expires, to extend the undertaking so that it expires 5 years after the day on which it was entered into unless provision is made for its earlier expiration.
(3B) If a person who gave an undertaking of the kind referred to in subsection (3A) refuses or fails to extend its operation in the manner referred to in subsection (3A) before the undertaking expires, the Minister may, in substitution for the extension of the undertaking, publish a dumping duty notice or a countervailing duty notice that commences on the day after the undertaking expired and ends 2 years after that day unless it is sooner revoked.
(7) In this section:
relevant notification provision means subsection 269TG(2), 269TH(2), 269TJ(2), (4), (5) or (6) or 269TK(2).
relevant undertaking provision means subsection 269TG(4) or 269TJ(3).
269TN Retrospective notices
(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.
(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
(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.
(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.
(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.