(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 Commissioner 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 the Commissioner, request that the Commissioner 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 37 days of the publication of the relevant notice under subsection 269ZC(4), (5) or (6); and
(b) be in writing; and
(c) be in a form approved by the Commissioner for the purposes of this section; and
(d) contain such information as the form requires; and
(e) be signed in the manner indicated by the form; and
(f) be lodged in the manner approved under section 269SMS.
(2) Without otherwise limiting the matters that can be required by the 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) The application is taken to have been lodged when the application is first received by a Commission staff member 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 the Commissioner, the Commissioner must, within 20 days after receiving the application:
(a) examine the application; and
(b) if the Commissioner is not satisfied, having regard to the application and to any other information that the Commissioner 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 Commissioner 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 Commissioner was not satisfied of one or more of the matters set out in subsection (2).
(4) If the Commissioner decides not to reject an application, the Commissioner must publish a notice on the Anti‑Dumping Commission’s website in accordance with subsection (8).
(5) If the Commissioner considers (either as a result of an application under section 269ZCA or on the Commissioner’s own initiative) that the review applied for should be extended to include any additional matter, the Commissioner 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 Commissioner 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 Commissioner extend the review applied for accordingly.
(7) If the Commissioner is requested under this section by the Minister to extend a review of anti‑dumping measures, the Commissioner must, on receipt of that request, publish a notice on the Anti‑Dumping Commission’s website indicating that it is proposed to so extend the review.
(8) The notice published by the Commissioner 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 Commissioner is satisfied that there may be reasonable grounds for the Commissioner making a revocation recommendation—state that fact; and
(d) invite affected parties to lodge with the Commissioner submissions concerning the extended review.
269ZD Statement of essential facts in relation to review of anti‑dumping measures
(1) If the Commissioner publishes a notice under subsection 269ZC(4), (5) or (6) in relation to the review of anti‑dumping measures, he or she must, within 110 days after the publication of the notice or such longer period as the Minister allows under section 269ZHI, place on the public record a statement of the facts (the statement of essential facts) on which the Commissioner proposes to base a recommendation to the Minister in relation to the review of those measures.
(2) Subject to subsection (3), in formulating the statement of essential facts, the Commissioner:
(a) must have regard to:
(i) the application or request; and
(ii) any submissions relating generally to the review that are received by the Commissioner within 37 days after the publication of the notice under subsection 269ZC(4), (5) or (6); and
(iii) any other submission received by the Commissioner relating generally to the review if, in the Commissioner’s opinion, having regard to the submission would not prevent the timely placement of the statement of essential facts on the public record; and
(b) may have regard to any other matters that the Commissioner considers relevant.
(3) The Commissioner is not obliged to have regard to any submissions relating generally to the review that are received by the Commissioner after the end of the period referred to in subparagraph (2)(a)(ii) if to do so would, in the Commissioner’s opinion, prevent the timely placement of the statement of essential facts on the public record.
269ZDA Report on review of measures
(1) The Commissioner must, after conducting a review of anti‑dumping measures and within 155 days after the date of publication of the notice under subsection 269ZC(4), (5) or (6) in relation to those measures or such longer period as the Minister allows under section 269ZHI, give the Minister a report recommending:
(a) to the extent that the measures involved the publication of a dumping duty notice or a countervailing duty notice:
(i) that the notice remain unaltered; or
(ii) that the notice be revoked in its application to a particular exporter or to a particular kind of goods or revoked generally; or
(iii) that the notice have effect in relation to a particular exporter or to exporters generally, as if different variable factors had been ascertained; and
(b) to the extent that the measures involved the acceptance by the Minister of an undertaking:
(i) that the undertaking remain unaltered; or
(ii) that the Minister seek a variation of the terms of the undertaking as indicated in the Commissioner’s report; or
(iii) that the Minister indicate to the person who gave the undertaking that the undertaking is no longer acceptable and that the investigation of the need for a dumping duty notice or a countervailing duty notice, as the case requires, covering that person is to be resumed; or
(iv) that the Minister indicate to the person who gave the undertaking that the person is released from the undertaking and that the investigation of the need for a dumping duty notice or countervailing duty notice covering that person is terminated.
(1A) After conducting a review of anti‑dumping measures under this Division, the Commissioner:
(a) must not make a revocation recommendation in relation to the measures unless a revocation review notice has been published in relation to the review; and
(b) otherwise must make a revocation recommendation in relation to the measures, unless the Commissioner is satisfied as a result of the review that revoking the measures would lead, or be likely to lead, to a continuation of, or a recurrence of, the dumping or subsidisation and the material injury that the measures are intended to prevent.
(2) Nothing in this section is to be taken to imply that the Commissioner cannot simultaneously make the same recommendation in relation to more than one exporter or person giving an undertaking.
(3) Subject to subsection (4), in deciding on the recommendations to be made to the Minister in the report, the Commissioner:
(a) must have regard to:
(i) the application or request for review; and
(ia) any application to extend the review that was not rejected; and
(ib) any request to extend the review; and
(ii) any submission relating generally to the review to which the Commissioner has had regard for the purpose of formulating the statement of essential facts in relation to the review; and
(iii) that statement of essential facts; and
(iv) any submission made in response to that statement that is received by the Commissioner within 20 days after the placing of that statement on the public record; and
(b) may have regard to any other matter that the Commissioner considers to be relevant to the review.
(4) The Commissioner is not obliged to have regard to any submission made in response to the statement of essential facts that is received by the Commissioner after the end of the period referred to in subparagraph (3)(a)(iv) if to do so would, in the Commissioner’s opinion, prevent the timely preparation of the report to the Minister.
(5) The report to the Minister must include a statement of the Commissioner’s reasons for any recommendation contained in the report that:
(a) sets out the material findings of fact on which that recommendation is based; and
(b) provides particulars of the evidence relied on to support those findings.
269ZDB Powers of the Minister in relation to review of anti‑dumping measures
(1) After considering the report of the Commissioner and any other information that the Minister considers relevant, the Minister must declare, by notice published in accordance with subsection (7), that for the purposes of this Act and the Dumping Duty Act:
(a) to the extent that the anti‑dumping measures concerned involved the publication of a dumping duty notice or a countervailing duty notice:
(i) that the notice is to remain unaltered; or
(ii) that, with effect from a date specified in the declaration, the notice is taken to be, or to have been, revoked either in relation to a particular exporter or to exporters generally or in relation to a particular kind of goods; or
(iii) that, with effect from a date specified in the declaration, the notice is to be taken to have effect or to have had effect, either in relation to a particular exporter or to exporters generally, as if the Minister had fixed different variable factors in respect of that exporter or of exporters generally, relevant to the determination of duty; and
(b) to the extent that the anti‑dumping measures concerned involved the acceptance by the Minister of an undertaking:
(i) that the undertaking is to remain unaltered; or
(ii) that if, before a date specified in the declaration, the terms of the undertaking are altered in a manner specified in the declaration, the undertaking as so varied will be acceptable to the Minister; or
(iii) that the undertaking is no longer acceptable to the Minister and that the investigation of the need for a dumping duty notice or a countervailing duty notice is to be resumed immediately; or
(iv) that, with effect from a date specified in the declaration, the person who gave the undertaking is released from the undertaking and that the investigation giving rise to the undertaking is terminated.
(1AA) The Minister must not make a revocation declaration in relation to anti‑dumping measures unless a revocation review notice has been published in relation to the relevant review of those measures.
(1A) The Minister must make a declaration under subsection (1) within:
(a) 30 days after receiving the report; or
(b) if the Minister considers there are special circumstances that prevent the declaration being made within that period—such longer period as the Minister considers appropriate.
(1B) If paragraph (1A)(b) applies, the Minister must give public notice of the longer period.
(2) If the Minister makes a declaration under subsection (1), that declaration has effect according to its terms.
(3) If:
(a) the Minister makes a declaration under subsection (1); and
(b) under that declaration, new variable factors are taken to have been fixed, in relation to goods exported to Australia by a particular exporter, with effect from a date specified in the declaration; and
(c) interim duty paid on such goods on the basis of the variable factors as previously fixed exceeds the interim duty that would be payable on the basis of the new variable factors;
the person who paid the interim duty may apply under Division 3 of Part VIII for a refund of the excess.
(4) The Minister must, as soon as practicable after the making of a declaration under subsection (1) that affects an exporter or person giving an undertaking, inform that exporter or person of the terms of the declaration.
(5) Nothing in this section is to be taken to imply that the Minister cannot simultaneously make the same declaration in relation to more than one exporter or person giving an undertaking.
(6) For the purposes of a declaration under subsection (1), the Minister must not fix a date:
(a) in a circumstance to which subparagraph (1)(a)(ii) or (iii) applies—that is earlier than the date of publication under section 269ZC of a notice indicating the proposal to undertake the review concerned; and
(b) in a circumstance to which subparagraph (1)(b)(ii) or (iv) applies—that is earlier than the date of the declaration.
(7) A notice under subsection (1) must be published on the Anti‑Dumping Commission’s website.
Division 5A—Anti‑circumvention inquiries
269ZDBA What this Division is about
If a notice has been published under subsection 269TG(2) or 269TJ(2) in respect of goods, this Division allows a person representing, or representing a portion of, the Australian industry producing like goods to apply for the conduct of an anti‑circumvention inquiry in relation to the notice. This Division also allows the Minister to request such an inquiry. It:
• sets out when applications may be made; and
• sets out the procedure to be followed by the Commissioner in dealing with applications or requests and preparing reports for the Minister; and
• empowers the Minister, after consideration of such reports, to leave the notice unaltered or to alter the notice as appropriate.
269ZDBB Circumvention activities
(1) This section sets out when circumvention activity, in relation to a notice published under subsection 269TG(2) or 269TJ(2), occurs.
Assembly of parts in Australia
(2) Circumvention activity, in relation to the notice, occurs if the following apply:
(a) goods in the form of individual parts (the circumvention goods) are exported to Australia;
(b) those parts are manufactured in a foreign country in respect of which the notice applies;
(c) those parts are assembled in Australia, whether or not with other parts, to create goods (the assembled goods) that would be the subject of the notice if they were exported to Australia by an exporter in respect of which the notice applies;
(d) the total value of the parts manufactured in that foreign country is a significant proportion of the value of the assembled goods;
(e) section 8 or 10 of the Dumping Duty Act, as the case requires, does not apply to the export of the circumvention goods to Australia.
Assembly of parts in third country
(3) Circumvention activity, in relation to the notice, occurs if the following apply:
(a) goods in the form of individual parts are manufactured in a foreign country (the original country) in respect of which the notice applies;
(b) those parts are assembled in a foreign country in respect of which the notice does not apply, whether or not with other parts, to create goods (the circumvention goods) that would be the subject of the notice if they were exported to Australia by an exporter in respect of which the notice applies;
(c) the circumvention goods are exported to Australia;
(d) the total value of the parts manufactured in the original country is a significant proportion of the customs value (within the meaning of section 159) of the circumvention goods;
(e) section 8 or 10 of the Dumping Duty Act, as the case requires, does not apply to the export of the circumvention goods to Australia.
Export of goods through one or more third countries
(4) Circumvention activity, in relation to the notice, occurs if the following apply:
(a) goods (the circumvention goods) are exported to Australia from a foreign country in respect of which the notice does not apply;
(b) before that export, there were one or more other exports of the goods from a foreign country to another foreign country;
(c) the first of those other exports was from a foreign country in respect of which the notice applies;
(d) the circumvention goods would be the subject of the notice if they were exported to Australia by an exporter in respect of which the notice applies;
(e) section 8 or 10 of the Dumping Duty Act, as the case requires, does not apply to the export of the circumvention goods to Australia.
Arrangements between exporters
(5) Circumvention activity, in relation to the notice, occurs if the following apply: