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Customs Legislation (Anti-dumping Amendments) Act 1998
269TBAWhat this Division is about
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#### 269TBA What this Division is about
This Division:
• sets out the requirements for making applications for the publication of dumping duty notices and countervailing duty notices;
• sets out the procedures to be followed, and the matters to be considered, by the CEO in conducting investigations in relation to goods covered by such applications, for the purpose of making a report to the Minister;
• empowers Customs, in certain cases, to take securities in respect of interim duty that may become payable, in order to prevent injury to Australian industry while such investigations continue;
• sets out the circumstances in which the CEO must terminate such investigations.
41 Subsection 269TB(3)
Repeal the subsection, substitute:
(3) An applicant may, at any time before the Minister decides:
(a) to publish a dumping duty notice or a countervailing duty notice in respect of an exporter to whom the application extends; or
(b) to accept an undertaking from an exporter to whom the application extends or from a country to whose exporters the application extends;
by notice in writing lodged with Customs in accordance with subsection (5), withdraw the application so far as it extends to that exporter, or to exporters exporting from that country, as the case requires.
42 Subsections 269TC(1) and (2)
Omit “25 days, or, if another period is prescribed, within that other period,”, substitute “20 days”.
43 Paragraph 269TC(3)(b)
Omit all the words after “applicant’s right”, substitute “, within 30 days of the receipt of the notice, to apply for a review of the CEO’s decision by the Review Officer under Division 9”.
44 Paragraph 269TC(4)(a)
Omit “those goods”, substitute “goods the subject of the application”.
45 Paragraph 269TC(4)(bc)
Omit “in the Gazette”.
46 Paragraphs 269TC(4)(bf), (c), (d), (e) and (f)
Repeal the paragraphs, substitute:
(bf) indicating that a report will be made to the Minister:
(i) within 155 days after the date of initiation of the investigation; or
(ii) if the 110 days referred to in paragraph (e) is extended by the Minister—within the period of 155 days as similarly so extended;
on the basis of the examination of exportations to Australia of goods the subject of the application during a period specified in the notice as the investigation period in relation to the application; and
(c) inviting interested parties to lodge with the CEO, within a specified period of not more than 40 days after the date of initiation of the investigation, submissions concerning the publication of the notice sought in the application; and
(d) stating that if the CEO, in accordance with section 269TD, makes a preliminary affirmative determination in relation to the application, he or she may apply provisional measures, including the taking of securities under section 42, in respect of interim duty that may become payable on the importation of the goods the subject of the application; and
(e) stating that:
(i) within 110 days after the date of initiation of the investigation; or
(ii) such longer period as the Minister allows under section 269ZHI;
the CEO, in accordance with section 269TDAA, will place on the public record a statement of the essential facts on which the CEO proposes to base a recommendation to the Minister; and
(f) inviting interested parties to lodge with the CEO, within 20 days of that statement being placed on the public record, submissions in response to that statement; and
(g) indicating the address at which, or the manner in which, submissions under paragraph (c) or (f) can be lodged; and
(h) stating that if the Minister decides to publish or not to publish a dumping duty notice or a countervailing duty notice after considering the report referred to in paragraph (bf), certain persons will have the right to seek review of that decision in accordance with Division 9.
47 Section 269TD
Repeal the section, substitute: