CTHRepealedAct
Customs Legislation (Anti-dumping Amendments) Act 1998
269ZZMWhat happens after a reinvestigation?
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#### 269ZZM What happens after a reinvestigation?
(1) After receiving a report by the CEO in respect of a reinvestigation under subsection 269ZZL(3), the Minister must:
(a) affirm the reviewable decision concerned; or
(b) revoke that decision and substitute a new decision.
(2) The Minister’s decision under subsection (1) takes effect from the time specified by the Minister.
(3) Without limiting subsection (1), the Minister may, under that subsection:
(a) publish a dumping duty notice or countervailing duty notice; or
(b) vary a dumping duty notice or countervailing duty notice; or
(c) revoke a dumping duty notice or countervailing duty notice and substitute another dumping duty notice or countervailing duty notice (as the case requires).
(4) The Minister must give public notice of his or her decision.
(5) In spite of section 269TM, any new dumping duty notice or countervailing duty notice published in the exercise of a power conferred on the Minister under subsection (3) or any such notice as varied or substituted in the exercise of that power, expires:
(a) in the case of a notice published after a reinvestigation of a decision not to publish such a notice—5 years after the publication of the decision not to publish such a notice; or
(b) in the case of a varied or substituted notice—5 years after the publication of the original notice.
> Note: Example: If the reviewable decision relates to a dumping duty notice that was published on 1 July 1998, and if the Minister, following a review under this Division, revokes that notice and substitutes a new dumping duty notice on 1 January 1999, the substituted notice will expire on 1 July 2003.
(6) If:
(a) the Minister makes a decision under subsection (1) to revoke or vary a dumping duty notice or countervailing duty notice (the original notice), or to revoke the original notice and substitute another notice, with effect from a date before the Minister’s decision; and
(b) an amount of interim duty has been paid on goods the subject of the original notice in excess of the amount of interim duty that would have been payable on those goods as a result of the Minister’s decision;
the person who paid the interim duty may apply for a refund of the excess under Division 3 of Part VIII.