1Customs Tariff (Industries Preservation) Act 1921

CUSTOMS TARIFF (INDUSTRIES PRESERVATION).

No. 28 of 1921.

An Act relating to certain Special Duties of Customs.

[Assented to 16th December, 1921.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Customs Tariff (Industries Preservation) Act 1921.

Incorporation

2. The Customs Act 1901-1920 shall be incorporated and read as one with this Act.

Definitions.

3. In this Act, except where otherwise clearly intended—

“Ballast rates” means special rates chargeable on any goods shipped as ballast or stiffening for any vessel, and being lower than the rates chargeable on those goods when carried as ordinary cargo;

“Subsidized ship” means any ship to the Master, Owners, Agents or Charterers of which there is paid any Government or other subsidy, bonus or bounty (not being payment for the actual carriage of mail matter at rates which the Minister considers to be fair and reasonable) which will permit of goods being carried at a rate of freight lower than would be the case if such subsidy, bonus or bounty were not paid;

“the Export price” of goods exported to Australia means the price at which the goods are sold by the exporter to the importer in Australia (including the free on board charges in the country of export);

“the Fair Market Value” of goods means the fair market value of the goods, or of goods of the same class or kind, sold in the country of export in relation to which the expression is used, for home consumption in the usual and ordinary course of trade plus free on board charges in that country, but not including any Excise duties payable in that country;

“the Tariff” means the Customs Tariff in force for the time being; and

“the Tariff Board” or “the Board” means the Tariff Board appointed under the Tariff Board Act 1921.

Dumping duty.

4.—(1.) If the Minister is satisfied, after inquiry and report by the Tariff Board, that goods exported to Australia, which are of a class or kind produced or manufactured in Australia, have been or are being sold to an importer in Australia at an export price which is less than the fair market value of the goods at the time of shipment, and that detriment may thereby result to an Australian industry, the Minister may publish a notice in the Gazette specifying the goods as to which he is so satisfied.

(2.) Upon the publication of the notice there shall be charged collected and paid to the use of the King for the purposes of the Commonwealth, on those goods imported into Australia a special duty (in this section referred to as “the dumping duty”).