Commonwealth Numbered Acts

CUSTOMS TARIFF (ANTI-DUMPING) ACT 1975 No. 76 of 1975 - SECT 9

9. (1) Subject to sections 13 and 14, where the Minister is satisfied, as to
any goods produced or manufactured in a particular country that have been
exported to Australia, that-

   (a)  the amount of the export price of the goods is less than the amount of
        the normal value of the goods; and

   (b)  by reason thereof-

        (i)    material injury to a producer or manufacturer in a third
               country has been or is being caused; or

        (ii)   in a case where security has been taken under section 42 of the
               Customs Act in respect of any duty that may become payable on
               the goods under this section-material injury to a producer or
               manufacturer in a third country would or might have been caused
               if the security had not been taken, the Minister, if requested
               by the Government of the third country so to do, may, by notice
               published in the Gazette, declare that this section applies to
               those goods.

(2) Subject to section 14, where the Minister is satisfied, as to goods of any
kind produced or manufactured in a particular country that-

   (a)  the amount of the export price of goods of that kind so produced or
        manufactured that have already been exported to Australia is less than
        the amount of the normal value of those goods, and the amount of the
        export price of goods of that kind so produced or manufactured that
        may be exported to Australia in the future may be less than the normal
        value of the goods; and

   (b)  by reason thereof, injury to a producer or manufacturer in a third
        country has been or is being caused or is threatened, the Minister, if
        requested by the Government of the third country so to do, may, by
        notice published in the Gazette (whether or not he has made, or
        proposes to make, a declaration under sub-section (1) in respect of
        goods of that kind so manufactured or produced that have been exported
        to Australia), declare that this section applies to goods of that kind
        so produced or manufactured-

   (c)  that are exported to Australia after the date of publication of the
        notice or such later date as is specified in the notice; and

   (d)  the amount of the export price of which is less than the amount of
        their normal value.

(3) There shall be charged, collected and paid on goods to which this section
applies a special duty of Customs, to be known as third country dumping duty.

(4) Subject to sub-section (5), the third party dumping duty in respect of
goods is a sum equal to the amount by which the amount of the export price of
the goods is less than the amount of the normal value of the goods.

(5) The Minister may, by notice published in the Gazette, direct that the
third country dumping duty in respect of goods is an amount to be ascertained
by reference to the value, or to the weight or other measure of quantity, of
the goods less the amount, if any, by which that amount exceeds the third
country dumping duty that would be payable in respect of the goods under
sub-section (4), and the notice has effect accordingly.

(6) A notice under sub-section (5) applies to goods entered for home
consumption after a date specified in the notice, which may be a date earlier
than the date of publication of the notice but shall not be a date on or
before a date on which an earlier notice under that sub-section applied to the
goods.

(7) The Minister may, by writing under his hand, exempt goods from third
country dumping duty if he is satisfied-

   (a)  that like or directly competitive goods are not offered or sold in
        Australia to all purchasers on equal terms under like conditions
        having regard to the custom and usage of trade;

   (b)  that the difference between the amount of the export price of the
        goods and the amount of the normal value of the goods does not exceed
        10 per centum of the amount of the normal value and that the exemption
        would not cause injury to the trade in the Australian market of
        producers or manufacturers in the third country; or

   (c)  that the goods, being articles of merchandise, are for use as samples
        for the sale of similar goods.

(8) Where the Minister exempts goods from the third country dumping duty under
sub-section (7) by reason of his being satisfied as to a matter specified
under paragraph (7) (a) or (b), the instrument of exemption shall be published
in the Gazette.