CTHRepealedAct
Customs Legislation (Anti-dumping Amendments) Act 1998
269ZHFReport on application for continuation of anti-dumping measures
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#### 269ZHF Report on application for continuation of anti-dumping measures
(1) The CEO must, after conducting an inquiry into the continuation of anti-dumping measures and before the end of the period referred to in paragraph 269ZHD(5)(c) as it applies to those measures, give the Minister a report recommending:
(a) that the Minister take steps to secure the continuation of the anti-dumping measures the subject of the application; or
(b) that the anti-dumping measures expire on the specified expiry date.
(2) The CEO must not recommend that the Minister take steps to secure the continuation of the anti-dumping measures unless the CEO is satisfied that the expiration of the measures would lead, or would be likely to lead, to a continuation of, or a recurrence of, the dumping or subsidisation and the material injury that the anti‑dumping measure is intended to prevent.
(3) Subject to subsection (4), in deciding on the recommendations to be made to the Minister in the CEO’s report, the CEO:
(a) must have regard to:
(i) the application for continuation of the anti-dumping measures; and
(ii) any submission relating generally to the continuation of the measures to which the CEO has had regard for the purpose of formulating the statement of essential facts in relation to the continuation of those measures; 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 inquiry.
(4) The CEO is not obliged to have regard to any submission made in response to the statement of essential facts that is received 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.