Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 269TD

             (1)  At any time not earlier than 60 days after the date of initiation of an investigation as to whether there are sufficient grounds for the publication of a dumping duty notice, or a countervailing duty notice, in respect of goods the subject of an application under section 269TB, the CEO may, if he or she is satisfied:

                     (a)  that there appears to be sufficient grounds for the publication of such a notice; or

                     (b)  that it appears that there will be sufficient grounds for the publication of such a notice subsequent to the importation into Australia of such goods;

make a determination (a preliminary affirmative determination ) to that effect.

             (2)  Subject to subsection (3), in deciding whether to make such a preliminary affirmative determination, the CEO:

                     (a)  must have regard to:

                              (i)  the application concerned; and

                             (ii)  any submissions concerning publication of the notice that are received by Customs within 40 days after the date of initiation of the investigation; and

                     (b)  may have regard to any other matters that the CEO considers relevant.

             (3)  The CEO is not obliged to have regard to any submission that is received by Customs after the end of the period referred to in subparagraph (2)(a)(ii) if to do so would, in the CEO's opinion, prevent the timely consideration of the question whether or not to make a preliminary affirmative determination.

             (4)  If the CEO makes a preliminary affirmative determination:

                     (a)  the CEO must give public notice of that determination; and

                     (b)  Customs may, at the time of making that determination or at any later time during the investigation, require and take securities under section 42 in respect of interim duty that may become payable if the officer of Customs taking the securities is satisfied that it is necessary to do so to prevent material injury to an Australian industry occurring while the investigation continues.

             (5)  If Customs decides to require and take securities under subsection (4), the CEO must give public notice of that decision.