Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 269ZHD

  (1)   If an application or applications for continuation of anti - dumping measures are lodged with the Commissioner in accordance with section   269ZHC, the Commissioner must, within 20 days after the end of the 60 days referred to in paragraph   269ZHB(1)(b):

  (a)   examine each such application; and

  (b)   if the Commissioner is not satisfied in relation to any of the applications, having regard to the application and to any other information that the Commissioner considers relevant, of one or more of the matters referred to in subsection   (2);

the Commissioner must reject each such application and inform the applicant, by notice in writing, accordingly.

  (2)   For the purposes of subsection   (1), the matters to be considered in relation to an application are:

  (a)   whether the application complies with section   269ZHC; and

  (b)   whether there appear to be reasonable grounds for asserting that the expiration of the anti - dumping measures to which the application relates might lead, or might be likely to lead, to a continuation of, or a recurrence of, the material injury that the measures are intended to prevent.

  (3)   A notice informing an applicant of the rejection of an application must set out the reasons why the Commissioner was not satisfied of one or more of the matters set out in subsection   (2).

  (4)   If the Commissioner decides not to reject an application for continuation of anti - dumping measures taken in respect of goods as they affect a particular exporter of those goods, the Commissioner must publish a notice on the Anti - Dumping Commission's website indicating that it is proposed to inquire whether continuation of the measures is justified.

  (5)   The notice published by the Commissioner must:

  (a)   describe the kind of goods to which the anti - dumping measures apply; and

  (b)   describe the measures to which the application relates; and

  (c)   indicate that a report as to the continuation of these measures will be made to the Minister:

  (i)   within 155 days after the date of publication of the notice; or

  (ii)   within such longer period as the Minister allows under section   269ZHI; and

  (d)   invite interested parties to lodge with the Commissioner, within 37 days after the date of publication of the notice, submissions concerning the continuation of the measures; and

  (e)   state that:

  (i)   within 110 days after the publication of the notice; or

  (ii)   such longer period as the Minister allows under section   269ZHI;

    the Commissioner will place on the public record a statement of the essential facts on which the Commissioner proposes to base a recommendation concerning the continuation of the measures; and

  (f)   invite interested parties to lodge with the Commissioner, within 20 days of that statement being placed on the public record, submissions in response to that statement; and

  (g)   indicate the address at which, or the manner in which, submissions under paragraph   (d) or (f) can be lodged.