CUSTOMS AMENDMENT (ANTI-DUMPING IMPROVEMENTS) BILL (NO. 2) 2012

i Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2012 No. , 2012

Contents

1 Short

title

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2 Commencement

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3 Schedule(s)

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Schedule 1--Amendments

Customs Act 1901

Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2012 No. , 2012 1

A Bill for an Act to amend the Customs Act 1901,

and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Customs Amendment (Anti-dumping

Improvements) Act (No. 2) 2012.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2012 No. , 2012

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1

A single day to be fixed by Proclamation.

However, if the provision(s) do not

commence within the period of 6 months

beginning on the day this Act receives the

Royal Assent, they commence on the day

after the end of that period.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Amendments Schedule 1

Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2012 No. , 2012 3

Schedule 1--Amendments

Customs Act 1901

1 Subsection 9(4)

Omit ", 10(5) or 11(4) of the Anti-Dumping Act", substitute "or 11(4)

of the Customs Tariff (Anti-Dumping) Act 1975".

2 Subsection 269T(1) (definition of interim countervailing

duty)

Repeal the definition, substitute:

interim countervailing duty means:

(a) interim countervailing duty imposed under section 10 of the

Dumping Duty Act; or

(b) interim third country countervailing duty imposed under

section 11 of that Act.

3 Subsection 269T(1) (definition of interim dumping duty)

Repeal the definition, substitute:

interim dumping duty means:

(a) interim dumping duty imposed under section 8 of the

Dumping Duty Act; or

(b) interim third country dumping duty imposed under section 9

of that Act.

4 After section 269TAAC

Insert:

269TAACA Determination of countervailable subsidy if

non-cooperation by relevant entities

(1)

If:

(a) one of the following applies:

(i) there is an investigation under this Part in relation to

whether a countervailing duty notice should be

published;

Schedule 1 Amendments

4 Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2012 No. , 2012

(ii) there is a review under Division 5 in relation to the

publication of a countervailing duty notice;

(iii) there is an inquiry under Division 6A in relation to the

continuation of a countervailing duty notice; and

(b) the CEO is satisfied that an entity covered by subsection (2):

(i) has not given the CEO information the CEO considers

to be relevant to the investigation, review or inquiry

within a period the CEO considers to be reasonable; or

(ii) has significantly impeded the investigation, review or

inquiry;

then, in relation to the investigation, review or inquiry, in

determining whether a countervailable subsidy has been received

in respect of particular goods, or in determining the amount of a

countervailable subsidy in respect of particular goods, the CEO or

the Minister:

the Minister (as the case may be); and

(d) may make such assumptions as the CEO or the Minister (as

the case may be) considers reasonable.

(2) For the purposes of paragraph (1)(b), the entities are as follows:

(a) any person who is or is likely to be directly concerned with

the importation or exportation into Australia of goods to

which the investigation, review or inquiry relates or who has

been or is likely to be directly concerned with the importation

or exportation into Australia of like goods;

(b) the government of the country of export or country of origin:

(i) of goods to which the investigation, review or inquiry

relates that have been, or are likely to be, exported to

Australia; or

(ii) of like goods that have been, or are likely to be,

exported to Australia.

5 Subparagraph 269TAC(2)(c)(ii)

Omit ", subject to subsection (13),".

6 Subsection 269TAC(13)

Repeal the subsection.

7 Paragraphs 269ZHF(1)(a) and (b)

Amendments Schedule 1

Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2012 No. , 2012 5

Repeal the paragraphs, substitute:

(a) to the extent that the measures involved the publication of a

dumping duty notice or a countervailing duty notice:

(i) that the notice remain unaltered; or

(ii) that the notice cease to apply to a particular exporter or

to a particular kind of goods; or

(iii) that the notice have effect in relation to a particular

exporter or to exporters generally, as if different

variable factors had been ascertained; or

(iv) that the notice expire on the specified expiry day; and

(b) to the extent that the measures involved the acceptance by the

Minister of an undertaking:

(i) that the undertaking remain unaltered; or

(ii) that the Minister seek a variation of the terms of the

undertaking as indicated in the CEO's report; or

(iii) that the undertaking expire on the specified expiry day.

8 Subsection 269ZHG(1)

Repeal the subsection, substitute:

(1) After considering the report of the CEO and any other information

that the Minister considers relevant, the Minister must by notice

published in accordance with subsection (2):

(a) declare that the Minister has decided not to secure the

continuation of the anti-dumping measures concerned; or

(b) declare that the Minister has decided to secure the

continuation of the anti-dumping measures concerned.

Note:

Subsection (3) deals with the end of the anti-dumping measures and

subsection (4) deals with the continuation of the anti-dumping

measures.

9 Paragraphs 269ZHG(4)(a), (b) and (c)

Repeal the paragraphs, substitute:

(a) to the extent that the measures comprise the publication of a

dumping duty notice or a countervailing duty notice:

(i) by the Minister determining, in writing, that the notice

continues in force after the specified expiry day; or

(ii) by the Minister determining, in writing, that the notice

continues in force after the specified expiry day but that,

Schedule 1 Amendments

6 Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2012 No. , 2012

after that day, the notice ceases to apply in relation to a

particular exporter or to a particular kind of goods; or

(iii) by the Minister determining, in writing, that the notice

continues in force after the specified expiry day but that,

after that day, the notice has effect, in relation to a

particular exporter or to exporters generally, as if the

Minister had fixed different specified variable factors in

relation to that exporter or to exporters generally,

relevant to the determination of duty; and

(b) to the extent that the measures involve the acceptance of an

undertaking:

(i) by the person who gave the undertaking agreeing to

extend it beyond the specified expiry day (without any

variation) or, if the person will not so agree, by the

Minister publishing a dumping duty notice or a

countervailing duty notice to take effect on the day after

the specified expiry day in substitution for the

undertaking; or

(ii) by the person who gave the undertaking agreeing to

extend it beyond the specified expiry day with the

variations sought by the Minister or, if the person will

not so agree, by the Minister publishing a dumping duty

notice or a countervailing duty notice to take effect on

the day after the specified expiry day in substitution for

the undertaking.

10 Application provisions

(1)

The amendment made by item 4 applies in relation to investigations that

are initiated, or to reviews or inquiries that begin, on or after the

commencement of that item.

(2)

The amendments made by items 5 and 6 apply in relation to working

out the normal value of goods on or after the commencement of those

items.

(3)

The amendments made by items 7 to 9 apply in relation to notices

published under subsection 269ZHB(1) of the Customs Act 1901 on or

after the commencement of those items.

Commonwealth of Australia Bills

CUSTOMS AMENDMENT (ANTI-DUMPING IMPROVEMENTS) BILL (NO. 2) 2012