INFORMATION FOR APPLICANTS

WHAT DECISIONS ARE REVIEWABLE BY THE TMRO?
The role of the Trade Measures Review Officer (the TMRO) is to review certain decisions made by the Minister responsible for Customs and Border Protection, or by the Chief Executive Officer of the Australian Customs and Border Protection Service (the CEO).

The TMRO may review decisions made by the CEO:

- to reject an application for dumping or countervailing measures;

- to terminate an investigation into an application for dumping or countervailing measures;

- to reject or terminate examination of an application for duty assessment; and

- to recommend to the Minister the refund of an amount of interim duty less than the amount contended in an application for duty assessment, or waiver of an amount over the amount of interim duty paid.

The TMRO may review decisions made by the Minister:

- to publish a dumping duty notice;

- to publish a countervailing duty notice;

- not to publish a dumping duty notice; and

- not to publish a countervailing duty notice.

It is essential that applications for review be lodged in accordance with the requirements of the Customs Act 1901 (the Act). The TMRO does not have any discretion to accept an invalidly made or late-lodged application.
Division 9 of Part XVB of the Act deals with reviews by the TMRO. Intending applicants should familiarise themselves with the relevant sections of the Act, and should also examine the explanatory brochure produced by the Trade Measures Review Secretariat (available at [www.tmro.gov.au](http://www.tmro.com.au)).
WHICH APPLICATION FORM SHOULD BE USED?
There are separate application forms for each category of reviewable decision made by the CEO, and for decisions made by the Minister. It is important for intending applicants to ensure that they use the correct form.

This is the form to be used when applying for TMRO review of a decision

of the CEO in respect of an assessment of the amount of dumping or

countervailing duty payable. It is approved by the TMRO pursuant to

s 269ZXA(1) of the Act.

WHO MAY APPLY FOR REVIEW OF A DECISION IN RESPECT OF AN ASSESSMENT OF THE AMOUNT OF DUMPING OR COUNTERVAILING DUTY PAYABLE?
If the Minister signs a dumping or countervailing duty notice, importers are required to pay interim dumping or countervailing duty. If an importer considers that the amount of interim duty paid exceeds the actual duty payable, the importer can request that the CEO assess the duty payable. If the CEO undertakes that assessment, and under s 269X(6)(b) or (c) makes a decision that is less favourable to the applicant than what the applicant contended for, this is referred to as a negative preliminary decision (s 269T(1)).
Only the party which lodged the application for the assessment of duty may apply to the TMRO for review of that assessment.
WHEN MUST AN APPLICATION BE LODGED?
An application for a review must be received within 30 days after the applicant was notified of the CEO’s assessment.
The application is taken as being made on the date upon which it is received by the TMRO after it has been properly lodged in accordance with the instructions under 'Where and how should the application be lodged?' (below).
WHAT INFORMATION MUST AN APPLICATION CONTAIN?
An application should clearly and comprehensively set out the grounds on which the review is sought, and provide sufficient particulars to satisfy the TMRO that the CEO's decision should be reviewed. It is not sufficient simply to request that a decision be reviewed.
The TMRO does not have any investigative function, and must take account only of information which was before the CEO when the CEO made the reviewable decision. The TMRO will disregard any information in applications and submissions that was not available to the CEO (s 269ZZU(3)).
HOW LONG WILL THE REVIEW TAKE?
The TMRO must make a decision within 60 days of the receipt of the application for review (s 269ZZU(4)). In special circumstances, however, the Minister may allow the TMRO a longer period for completion of the review.
WHAT WILL BE THE OUTCOME OF THE REVIEW?
The TMRO must either affirm the CEO's decision or revoke it and substitute a new decision (s 269ZZU(1)). If the TMRO revokes and substitutes a new decision, the TMRO will recommend to the Minister to give effect to that decision (s 269ZZU(2)).
The TMRO's report is then made to the Minister and the Minister will determine the amount of duty payable, having regard to the terms of the TMRO's report (s 269Y(1)).
WHERE AND HOW SHOULD THE APPLICATION BE LODGED?
Applications must be EITHER:
\- lodged with, or mailed by prepaid post to:

WHERE CAN FURTHER INFORMATION BE OBTAINED?

Inquiries and requests for general information about dumping matters should be directed to:
Director, Quality Assurance and Operational Support

Australian Customs and Border Protection Service

Customs House

5 Constitution Avenue

CANBERRA CITY ACT 2601

Telephone: +61 2 6275 6066

Facsimile: +61 2 6275 6990

FALSE OR MISLEADING INFORMATION

It is an offence for a person to give the TMRO written information that the person knows to be false or misleading in a material particular (Penalty: 20 penalty units – on 1 March 2012 this equates to $2200).