269ZAApplications and requests for review of anti-dumping measures

269ZA Applications and requests for review of anti-dumping measures

(1) If:

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

(b) an affected party considers that it may be appropriate to review those measures as they affect a particular exporter of those goods, or as they affect exporters of those goods generally, because:

(i) one or more of the variable factors relevant to the taking of the measures in relation to that exporter or those exporters have changed; or

(ii) if those measures had not been taken—the Minister would not be entitled to take any such measures;

the affected party may, by application lodged with the CEO, request that the CEO initiate such a review. (2) An application for review of anti-dumping measures must not be made:

(a) if the measures involve the publication of a dumping duty notice or a countervailing duty notice—earlier than 12 months after:

(i) the publication of the notice; or

(ii) the publication of a notice declaring the outcome of the last review of the notice (whether that last review was undertaken at the applicant’s request or not); and

(b) if the measures involve the acceptance of an undertaking—earlier than 12 months after:

(i) the publication of notice of the acceptance of that undertaking; or

(ii) the publication of a notice declaring the outcome of the last review of the undertaking (whether that last review was undertaken at the applicant’s request or not).

Note: Example: If an application under section 269TB resulted in:

(a) the publication of the acceptance of an undertaking from exporter A on 1 January 1999; and
(b) the publication of a dumping duty notice covering exporters B and C on 1 March 1999;

Note: an affected party could seek review of the undertaking on 2 January 2000 but could not seek review of both the undertaking and the dumping duty notices until 2 March 2000.

Note: However, the Minister could decide to review the notices before 2 March 2000 either on his or her own initiative or on the recommendation of the CEO. See subsection (3).

(3) If:

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

(b) the Minister considers (either as a result of a recommendation from the CEO under subsection 269ZC(4) or on his or her own initiative) that it may be appropriate to review those measures as they affect a particular exporter of those goods, or as they affect exporters of those goods generally, because: