269ZDAReport on review of measures

#### 269ZDA Report on review of measures (1) The CEO must, after conducting a review of anti-dumping measures and before the end of the period referred to in paragraph 269ZC(7)(c) as it applies to those measures, 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 CEO’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. (2) Nothing in this section is to be taken to imply that the CEO 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 CEO: (a) must have regard to: (i) the application or request for review; and (ii) any submission relating generally to the review to which the CEO 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 Customs within 20 days after the placing of that statement on the public record; and (b) may have regard to any other matter that the CEO considers to be relevant to the review. (4) The CEO is not obliged to have regard to any submission made in response to the statement of essential facts that is received by Customs after the end of the period referred to in subparagraph (3)(a)(iv) if to do so would, in the CEO’s opinion, prevent the timely preparation of the report to the Minister. (5) The report to the Minister must include a statement of the CEO’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.