Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 269TB

             (1)  Where:

                     (a)  a consignment of goods:

                              (i)  has been imported into Australia;

                             (ii)  is likely to be imported into Australia; or

                            (iii)  may be imported into Australia, being like goods to goods to which subparagraph (i) or (ii) applies;

                     (b)  there is, or may be established, an Australian industry producing like goods; and

                     (c)  a person believes that there are, or may be, reasonable grounds for the publication of a dumping duty notice or a countervailing duty notice in respect of the goods in the consignment;

that person may, by application in writing lodged with the Customs in accordance with subsection (5), request that the Minister publish that notice in respect of the goods in the consignment.

             (2)  Where:

                     (a)  a consignment of goods produced or manufactured in a country other than Australia:

                              (i)  has been imported into Australia;

                             (ii)  is likely to be imported into Australia; or

                            (iii)  may be imported into Australia, being like goods to goods to which subparagraph (i) or (ii) applies; and

                     (b)  there is, in a third country, an industry that produces or manufactures like goods for export to Australia; and

                     (c)  the Government of that third country believes that there are, or may be, reasonable grounds for the publication of a dumping duty notice or a countervailing duty notice in respect of the goods in the consignment;

the Government of that third country may, by application in writing lodged with the Customs in accordance with subsection (5), request that the Minister publish that notice in respect of the goods in the consignment.

          (2A)  During the period after receiving an application for a dumping duty notice and before giving public notice under subsection 269TC(4) of a decision not to reject the application, the CEO must notify the government of the country, or of each country, whose exporters are nominated in the application.

          (2B)  During the period after receiving an application for a countervailing duty notice and before giving public notice under subsection 269TC(4) of a decision not to reject the application, the CEO must notify:

                     (a)  the government of the country, or of each country, whose exporters are nominated in the application; and

                     (b)  the government of any other country from which countervailable subsidies are alleged to have been received.

          (2C)  A notification by the CEO under subsection (2B) must include an invitation to consult with the CEO in relation to whether:

                     (a)  any countervailable subsidies exist; and

                     (b)  any such subsidies, if found to exist, are causing or are likely to cause material injury of a kind referred to in paragraph 269TJ(1)(b) or 269TK(1)(b);

with the aim of arriving at a mutually agreed solution.

             (3)  An applicant may, at any time before the Minister decides:

                     (a)  to publish a dumping duty notice or a countervailing duty notice in respect of an exporter to whom the application extends; or

                     (b)  to accept an undertaking from an exporter to whom the application extends or from a country to whose exporters the application extends;

by notice in writing lodged with Customs in accordance with subsection (5), withdraw the application so far as it extends to that exporter, or to exporters exporting from that country, as the case requires.

             (4)  An application under subsection (1) or (2) or a notice under subsection (3) withdrawing such an application must:

                     (a)  be in writing; and

                     (b)  be in an approved form; and

                     (c)  contain such information as the form requires; and

                     (d)  be signed in the manner indicated in the form; and

                     (e)  in the case of an application under subsection (1)--be supported by a sufficient part of the Australian industry.

             (5)  An application, or a notice withdrawing an application, may be lodged with the Customs:

                     (a)  by giving it to an officer doing duty in relation to the receipt of dumping applications; or

                     (b)  by posting it by pre-paid post to a postal address specified in the approved form; or

                     (c)  by sending it by electronic facsimile to a facsimile number specified in the approved form;

and the application or notice is taken to have been received by Customs when the application or notice, or a facsimile of the application or notice, is first received by an officer doing duty in relation to the receipt of dumping applications.

             (6)  An application under subsection (1) in relation to a consignment of goods is taken to be supported by a sufficient part of the Australian industry if the CEO is satisfied that persons (including the applicant) who produce or manufacture like goods in Australia and who support the application:

                     (a)  account for more than 50% of the total production or manufacture of like goods produced or manufactured by that portion of the Australian industry that has expressed either support for, or opposition to, the application; and

                     (b)  account for not less than 25% of the total production or manufacture of like goods in Australia.