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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Customs Amendment (Anti-dumping
Measures) Bill (No. 1) 2015
No. , 2015
(Industry and Science)
A Bill for an Act to amend the Customs Act 1901,
and for related purposes
No. , 2015
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Submission deadlines
3
Customs Act 1901
3
Part 2--Lodgement and publication requirements
5
Customs Act 1901
5
Part 3--Length of investigation period
14
Customs Act 1901
14
Part 4--Cumulative assessment of injury or hindrance
15
Customs Act 1901
15
Part 5--Normal value of goods
18
Customs Act 1901
18
Part 6--Dumping periods
19
Customs Act 1901
19
Part 7--Definition of subsidy
20
Customs Act 1901
20
Part 8--Accelerated review
21
Customs Act 1901
21
Part 9--Period during which notices remain in force
23
Customs Act 1901
23
Part 10--Dumping findings
24
Customs Act 1901
24
Part 11--Notification of subsidies
25
Customs Act 1901
25
Part 12--Fee for review by Review Panel
26
Customs Act 1901
26
ii
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
No. , 2015
Part 13--Conduct of review by Review Panel
28
Customs Act 1901
28
Part 14--Withdrawal of review applications
37
Customs Act 1901
37
Part 15--International Trade Remedies Forum
38
Customs Act 1901
38
No. , 2015
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
1
A Bill for an Act to amend the Customs Act 1901,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Customs Amendment (Anti-dumping
5
Measures) Act (No. 1) 2015.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
No. , 2015
Commencement information
Column 1
Column 2
Column 3
Provisions
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 provisions 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
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
Submission deadlines Part 1
No. , 2015
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
3
Schedule 1
--Amendments
1
Part 1
--Submission deadlines
2
Customs Act 1901
3
1 Paragraph 269TC(4)(c)
4
Omit "a specified period of not more than 40 days", substitute "37
5
days".
6
2 Subparagraph 269TD(2)(a)(ii)
7
Omit "40 days", substitute "37 days".
8
3 Subparagraph 269TDAA(2)(a)(ii)
9
Omit "40 days", substitute "37 days".
10
4 Paragraph 269ZC(7)(d)
11
Omit "a specified period of not more than 40 days", substitute "37
12
days".
13
5 Paragraph 269ZCB(1)(a)
14
Omit "40 days", substitute "37 days".
15
6 Subparagraph 269ZD(2)(a)(ii)
16
Omit "40 days", substitute "37 days".
17
7 Paragraph 269ZDBE(6)(e)
18
Omit "a specified period of not more than 40 days", substitute "37
19
days".
20
8 Subparagraph 269ZDBF(2)(a)(ii)
21
Omit "40 days", substitute "37 days".
22
9 Subparagraph 269ZDBG(2)(aa)(ii)
23
Omit "40 days", substitute "37 days".
24
Schedule 1 Amendments
Part 1 Submission deadlines
4
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
No. , 2015
10 Paragraph 269ZHD(5)(d)
1
Omit "a specified period of not more than 40 days", substitute "37
2
days".
3
11 Subparagraph 269ZHE(2)(a)(ii)
4
Omit "40 days", substitute "37 days".
5
12 Application provisions
6
(1)
The amendments made by items 1, 2 and 3 apply in relation to an
7
application made under subsection 269TB(1) or (2) of the Customs Act
8
1901 on or after the commencement of those items.
9
(2)
The amendments made by items 4, 5 and 6 apply in relation to the
10
following:
11
(a) an application made under subsection 269ZA(1) of the
12
Customs Act 1901 on or after the commencement of those
13
items;
14
(b) a request made under subsection 269ZC(5) of that Act on or
15
after that commencement.
16
(3)
The amendments made by items 7, 8 and 9 apply in relation to the
17
following:
18
(a) an application made under subsection 269ZDBC(1) of the
19
Customs Act 1901 on or after the commencement of those
20
items;
21
(b) a request made under subsection 269ZDBC(2) of that Act on
22
or after that commencement.
23
(4)
The amendments made by items 10 and 11 apply in relation to an
24
application made under section 269ZHB of the Customs Act 1901 on or
25
after the commencement of those items.
26
Amendments Schedule 1
Lodgement and publication requirements Part 2
No. , 2015
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
5
Part 2
--Lodgement and publication requirements
1
Customs Act 1901
2
13 Subdivision F of Division 1A of Part XVB (heading)
3
Repeal the heading, substitute:
4
Subdivision F--Form and manner of applications
5
14 Section 269SMS (heading)
6
Repeal the heading, substitute:
7
269SMS Form and manner of applications
8
15 Section 269SMS
9
Before "The", insert "(1)".
10
16 At the end of section 269SMS
11
Add:
12
(2) The Commissioner may, by writing, approve the manner of
13
lodging an application under a provision of this Part.
14
(3) The Commissioner may, by writing, approve the manner of
15
withdrawing, under subsection 269TB(3), an application lodged
16
under subsection 269TB(1) or (2).
17
17 Subsections 269TAF(4) and (7)
18
Omit "in the Gazette", substitute "on the Anti-Dumping Commission's
19
website".
20
18 Paragraph 269TA(3)(a)
21
Omit "written".
22
19 Paragraphs 269TA(3)(a) and (b)
23
Omit "in the Gazette", substitute "on the Anti-Dumping Commission's
24
website".
25
Schedule 1 Amendments
Part 2 Lodgement and publication requirements
6
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
No. , 2015
20 Subsections 269TB(1), (2) and (3)
1
Omit "in accordance with subsection (5)".
2
21 At the end of subsection 269TB(4)
3
Add:
4
; and (f) be lodged in the manner approved under section 269SMS.
5
22 Subsection 269TB(5)
6
Repeal the subsection, substitute:
7
(5) The application, or the notice withdrawing an application, is taken
8
to have been received by the Commissioner when the application
9
or notice is first received by a Commission staff member doing
10
duty in relation to dumping applications.
11
23 Paragraphs 269TC(2A)(a) and (b)
12
Repeal the paragraphs, substitute:
13
(a) the information must be lodged with the Commissioner, in
14
writing, in the manner in which applications under that
15
section must be lodged; and
16
(b) the information is taken to have been received by the
17
Commissioner when the information is first received by a
18
Commission staff member doing duty in relation to dumping
19
applications; and
20
24 Subsection 269W(2)
21
Repeal the subsection, substitute:
22
(2) An application must be lodged with the Commissioner in the
23
manner approved under section 269SMS.
24
(2A) The application is taken to have been lodged when the application
25
is first received by a Commission staff member doing duty in
26
relation to final duty assessment applications.
27
25 At the end of subsection 269ZB(1)
28
Add:
29
; and (e) be lodged in the manner approved under section 269SMS.
30
Amendments Schedule 1
Lodgement and publication requirements Part 2
No. , 2015
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
7
26 Subsection 269ZB(3)
1
Repeal the subsection, substitute:
2
(3) The application is taken to have been lodged when the application
3
is first received by a Commission staff member doing duty in
4
relation to applications for review of anti-dumping measures.
5
27 Paragraph 269ZC(4)(a)
6
Omit "in a newspaper circulating in each State, in the Australian Capital
7
Territory and in the Northern Territory", substitute "on the
8
Anti-Dumping Commission's website".
9
28 Subsection 269ZC(5)
10
Omit "in a newspaper circulating in each State, in the Australian Capital
11
Territory and in the Northern Territory", substitute "on the
12
Anti-Dumping Commission's website".
13
29 Subsection 269ZC(6)
14
Omit "in a newspaper circulating in each State, in the Australian Capital
15
Territory and in the Northern Territory", substitute "on the
16
Anti-Dumping Commission's website".
17
30 At the end of subsection 269ZCB(1)
18
Add:
19
; and (f) be lodged in the manner approved under section 269SMS.
20
31 Subsection 269ZCB(3)
21
Repeal the subsection, substitute:
22
(3) The application is taken to have been lodged when the application
23
is first received by a Commission staff member doing duty in
24
relation to applications for review of anti-dumping measures.
25
32 Subsection 269ZCC(4)
26
Omit "in a newspaper circulating in each State, in the Australian Capital
27
Territory and in the Northern Territory", substitute "on the
28
Anti-Dumping Commission's website in accordance with
29
subsection (8)".
30
Schedule 1 Amendments
Part 2 Lodgement and publication requirements
8
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
No. , 2015
33 Subsection 269ZCC(7)
1
Omit "in a newspaper circulating in each State, in the Australian Capital
2
Territory and in the Northern Territory", substitute "on the
3
Anti-Dumping Commission's website".
4
34 Subsection 269ZDB(7)
5
Repeal the subsection, substitute:
6
(7) A notice under subsection (1) must be published on the
7
Anti-Dumping Commission's website.
8
35 At the end of subsection 269ZDBD(1) (before the note)
9
Add:
10
; and (e) be lodged in the manner approved under section 269SMS.
11
36 Subsections 269ZDBD(3) and (4)
12
Repeal the subsections, substitute:
13
Time of lodgement
14
(3) The application is taken to have been lodged when the application
15
is first received by a Commission staff member doing duty in
16
relation to applications for the conduct of anti-circumvention
17
inquiries.
18
37 Subsection 269ZDBE(4)
19
Omit "in a newspaper circulating in each State, in the Australian Capital
20
Territory and in the Northern Territory", substitute "on the
21
Anti-Dumping Commission's website".
22
38 Subsection 269ZDBE(5)
23
Omit "in a newspaper circulating in each State, in the Australian Capital
24
Territory and in the Northern Territory", substitute "on the
25
Anti-Dumping Commission's website".
26
39 Subsection 269ZDBH(9)
27
Repeal the subsection, substitute:
28
Amendments Schedule 1
Lodgement and publication requirements Part 2
No. , 2015
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
9
Manner of publication
1
(9) A notice under subsection (1) must be published on the
2
Anti-Dumping Commission's website.
3
40 Subsection 269ZF(1)
4
Omit "in accordance with subsection (2)", substitute "in the manner
5
approved under section 269SMS".
6
41 Subsection 269ZF(2)
7
Repeal the subsection, substitute:
8
(2) The application is taken to have been lodged when the application
9
is first received by a Commission staff member doing duty in
10
relation to applications for accelerated review.
11
42 Subsection 269ZG(3)
12
Omit "in writing published in the Gazette", substitute "published on the
13
Anti-Dumping Commission's website".
14
43 Subsection 269ZHB(1)
15
Omit "in a newspaper circulating in each State, in the Australian Capital
16
Territory and in the Northern Territory,", substitute "on the
17
Anti-Dumping Commission's website".
18
44 At the end of subsection 269ZHC(1)
19
Add:
20
; and (e) be lodged in the manner approved under section 269SMS.
21
45 Subsection 269ZHC(2)
22
Repeal the subsection, substitute:
23
(2) The application is taken to have been lodged when the application
24
is first received by a Commission staff member doing duty in
25
relation to applications for continuation of anti-dumping measures.
26
46 Subsection 269ZHD(4)
27
Omit "in a newspaper circulating in each State, in the Australian Capital
28
Territory and in the Northern Territory", substitute "on the
29
Anti-Dumping Commission's website".
30
Schedule 1 Amendments
Part 2 Lodgement and publication requirements
10
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
No. , 2015
47 Paragraph 269ZHG(2)(b)
1
Repeal the paragraph, substitute:
2
(b) on the Anti-Dumping Commission's website.
3
48 Subsection 269ZI(1)
4
Repeal the subsection, substitute:
5
(1) If a person or body is required or empowered to give public notice
6
of a decision or determination but the provision requiring or
7
empowering the giving of that notice does not specify where the
8
notice is to be given, it is to be published on the Anti-Dumping
9
Commission's website.
10
49 Subsections 269ZI(2) and (9)
11
Omit "in a particular publication".
12
50 Paragraphs 269ZZD(a) to (c)
13
Omit "in a newspaper", substitute "on the Anti-Dumping Commission's
14
website".
15
51 Subsection 269ZZI(1)
16
Omit "publish a notice in a newspaper circulating in each State, the
17
Australian Capital Territory and the Northern Territory,", substitute
18
"publish a notice on the Review Panel's website".
19
52 Subsection 269ZZM(1B)
20
Omit "public notice of the longer period", substitute "notice of the
21
longer period on the Review Panel's website".
22
53 Subsection 269ZZM(4)
23
Omit "public notice of his or her decision", substitute "notice of his or
24
her decision on the Review Panel's website".
25
54 Subsection 269ZZT(6)
26
Omit "publish its decision under this section in a newspaper circulating
27
in each State, the Australian Capital Territory and the Northern
28
Territory", substitute "publish its decision under this section on its
29
website".
30
Amendments Schedule 1
Lodgement and publication requirements Part 2
No. , 2015
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
11
55 Application provisions
1
(1)
The amendment made by item 17 applies in relation to a notice
2
published under subsection 269TAF(4) or (7) of the Customs Act 1901
3
on or after the commencement of that item.
4
(2)
The amendments made by items 18 and 19 apply in relation to a
5
direction given under subsection 269TA(1) of the Customs Act 1901 on
6
or after the commencement of those items.
7
(3)
The amendments made by items 20, 21 and 22 apply in relation to an
8
application lodged under subsection 269TB(1) or (2), or a notice lodged
9
under subsection 269TB(3), of the Customs Act 1901 on or after the
10
commencement of those items.
11
(4)
The amendment made by item 23 applies in relation to information
12
given under subsection 269TC(2A) of the Customs Act 1901 on or after
13
the commencement of that item.
14
(5)
The amendment made by item 24 applies in relation to an application
15
lodged under subsection 269V(1) of the Customs Act 1901 on or after
16
the commencement of that item.
17
(6)
The amendments made by items 25, 26, 27 and 29 apply in relation to
18
an application lodged under subsection 269ZA(1) of the Customs Act
19
1901 on or after the commencement of those items.
20
(7)
The amendment made by item 28 applies in relation to a request made
21
under subsection 269ZC(5) of the Customs Act 1901 on or after the
22
commencement of that item.
23
(8)
The amendments made by items 30, 31 and 32 apply in relation to an
24
application lodged under section 269ZCA of the Customs Act 1901 on
25
or after the commencement of those items.
26
(9)
The amendment made by item 33 applies in relation to a request made
27
under section 269ZCC of the Customs Act 1901 on or after the
28
commencement of that item.
29
(10)
The amendment made by item 34 applies in relation to a report given to
30
the Minister under section 269ZDA of the Customs Act 1901 on or after
31
the commencement of that item.
32
Schedule 1 Amendments
Part 2 Lodgement and publication requirements
12
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
No. , 2015
(11)
The amendments made by items 35, 36 and 37 apply in relation to an
1
application lodged under subsection 269ZDBC(1) of the Customs Act
2
1901 on or after the commencement of those items.
3
(12)
The amendment made by item 38 applies in relation to a request made
4
under subsection 269ZDBC(2) of the Customs Act 1901 on or after the
5
commencement of that item.
6
(13)
The amendment made by item 39 applies in relation to a report given to
7
the Minister under section 269ZDBG of the Customs Act 1901 on or
8
after the commencement of that item.
9
(14)
The amendments made by items 40 and 41 apply in relation to an
10
application lodged under subsection 269ZE(1) of the Customs Act 1901
11
on or after the commencement of those items.
12
(15)
The amendment made by item 42 applies in relation to a report given to
13
the Minister under subsection 269ZG(1) of the Customs Act 1901 on or
14
after the commencement of that item.
15
(16)
The amendment made by item 43 applies in relation to a notice
16
published under subsection 269ZHB(1) of the Customs Act 1901 on or
17
after the commencement of that item.
18
(17)
The amendments made by items 44, 45 and 46 apply in relation to an
19
application lodged under section 269ZHB of the Customs Act 1901 on
20
or after the commencement of those items.
21
(18)
The amendment made by item 47 applies in relation to a report given to
22
the Minister under section 269ZHF of the Customs Act 1901 on or after
23
the commencement of that item.
24
(19)
The amendments made by items 48 and 49 apply in relation to a public
25
notice given on or after the commencement of those items.
26
(20)
The amendment made by item 50 applies in relation to a publication
27
that occurs on or after the commencement of that item.
28
(21)
The amendment made by item 51 applies in relation to a notice
29
published under subsection 269ZZI(1) of the Customs Act 1901 on or
30
after the commencement of that item.
31
(22)
The amendment made by item 52 applies in relation to longer periods
32
determined by the Minister on or after the commencement of that item.
33
Amendments Schedule 1
Lodgement and publication requirements Part 2
No. , 2015
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
13
(23)
The amendment made by item 53 applies in relation to decisions made
1
by the Minister under subsection 269ZZM(1) of the Customs Act 1901
2
on or after the commencement of that item.
3
(24)
The amendment made by item 54 applies in relation to a notice
4
published under subsection 269ZZT(6) of the Customs Act 1901 on or
5
after the commencement of that item.
6
56 Transitional provision
--approved forms
7
An instrument approving a form and in force under section 269SMS of
8
the Customs Act 1901 immediately before the commencement of this
9
item has effect on and after that commencement as if it were an
10
instrument approving that form and in force under
11
subsection 269SMS(1) of that Act.
12
Schedule 1 Amendments
Part 3 Length of investigation period
14
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
No. , 2015
Part 3
--Length of investigation period
1
Customs Act 1901
2
57 After subsection 269TC(5)
3
Insert:
4
(5A) The Commissioner cannot vary the length of the investigation
5
period.
6
58 Application provision
7
The amendment made by this Part applies on and after the
8
commencement of this Part in relation to a notice given under
9
subsection 269TC(4) of the Customs Act 1901 before, on or after that
10
commencement.
11
Amendments Schedule 1
Cumulative assessment of injury or hindrance Part 4
No. , 2015
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
15
Part 4
--Cumulative assessment of injury or
1
hindrance
2
Customs Act 1901
3
59 Subsection 269TDA(13)
4
Omit "If", substitute "Subject to subsection (13A), if".
5
60 After subsection 269TDA(13)
6
Insert:
7
(13A) If, in relation to the investigation referred to in subsection (13), the
8
Commissioner, in accordance with subsection (14B), considers the
9
cumulative effect of exportations of goods to Australia from 2 or
10
more countries of export, then the following apply in relation to
11
those countries:
12
(a) if the Commissioner is not satisfied that the injury to an
13
Australian industry or an industry in a third country, or the
14
hindrance to the establishment of an Australian industry, that
15
has been, or may be, caused by those exports is negligible--
16
subsection (13) does not apply in relation to those countries;
17
(b) if the Commissioner is satisfied that such injury or hindrance
18
that has been, or may be, caused by those exports is
19
negligible--the Commissioner must terminate the
20
investigation so far as it relates to those countries.
21
Note:
If the investigation also covers exports of goods from a country that
22
was not part of the cumulation consideration because those exports did
23
not satisfy the criteria in subsection (14B), then the Commissioner
24
will consider whether subsection (13) applies to that country.
25
61 Subsection 269TDA(14)
26
Omit "If", substitute "Subject to subsection (14A), if".
27
62 After subsection 269TDA(14)
28
Insert:
29
(14A) If, in relation to the investigation referred to in subsection (14), the
30
Commissioner, in accordance with subsection (14B), considers the
31
cumulative effect of exportations of goods to Australia from 2 or
32
Schedule 1 Amendments
Part 4 Cumulative assessment of injury or hindrance
16
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
No. , 2015
more countries of export, then the following apply in relation to
1
those countries:
2
(a) if the Commissioner is not satisfied that the injury to an
3
Australian industry or an industry in a third country that has
4
been, or may be, caused by those exports is negligible--
5
subsection (14) does not apply in relation to those countries;
6
(b) if the Commissioner is satisfied that such injury that has
7
been, or may be, caused by those exports is negligible--the
8
Commissioner must terminate the investigation so far as it
9
relates to those countries.
10
Note:
If the investigation also covers exports of goods from a country that
11
was not part of the cumulation consideration because those exports did
12
not satisfy the criteria in subsection (14B), then the Commissioner
13
will consider whether subsection (14) applies to that country.
14
Cumulative assessment of injury or hindrance
15
(14B) For the purpose of subsection (13A) or (14A), the Commissioner
16
must consider the cumulative effect of exportations of goods to
17
Australia from 2 or more countries of export if the Commissioner
18
is satisfied that:
19
(a) each of those exportations is the subject of an investigation;
20
and
21
(b) either:
22
(i) all the investigations of those exportations resulted from
23
applications under section 269TB lodged with the
24
Commissioner on the same day; or
25
(ii) the investigations of those exportations resulted from
26
applications under section 269TB lodged with the
27
Commissioner on different days but the investigation
28
periods for all the investigations of those exportations
29
overlap significantly; and
30
(c) for the purposes of subsection (13A)--the dumping margin
31
worked out under section 269TACB for the exporter for each
32
of the exportations is at least 2% of the export price or
33
weighted average of export prices used to establish that
34
dumping margin; and
35
(d) for the purposes of subsection (13A)--for each application,
36
the volume of goods the subject of the application that have
37
been, or may be, exported to Australia over a reasonable
38
examination period (as defined in subsection 269TDA(17))
39
Amendments Schedule 1
Cumulative assessment of injury or hindrance Part 4
No. , 2015
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
17
from the country of export and dumped is not taken to be
1
negligible for the purposes of subsection 269TDA(3) because
2
of subsection 269TDA(4); and
3
(e) for the purposes of subsection (14A):
4
(i) the amount of the countervailable subsidy in respect of
5
the goods the subject of each of the exportations
6
exceeds the negligible level of countervailable subsidy
7
worked out under subsection 269TDA(16); and
8
(ii) the volume of each of those exportations is not
9
negligible; and
10
(f) it is appropriate to consider the cumulative effect of those
11
exportations, having regard to:
12
(i) the conditions of competition between those goods; and
13
(ii) the conditions of competition between those goods and
14
like goods that are domestically produced.
15
63 Paragraph 269ZZN(b)
16
Omit "(13) or (14)", substitute "(13), (13A), (14) or (14A)".
17
64 Section 269ZZO (cell at table item 3, column headed
18
"Reviewable decision")
19
Omit "(13) or (14)", substitute "(13), (13A), (14) or (14A)".
20
65 Section 269ZZO (cell at table item 3, column headed
21
"Applicant")
22
Repeal the cell, substitute:
23
The person who made the
application for the dumping duty
notice or countervailing duty notice
66 Application provision
24
The amendments made by items 59 to 62 apply in relation to
25
applications for a dumping duty notice, or a countervailing duty notice,
26
that are made on or after the commencement of this Part.
27
Schedule 1 Amendments
Part 5 Normal value of goods
18
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
No. , 2015
Part 5
--Normal value of goods
1
Customs Act 1901
2
67 After subsection 269TAC(3)
3
Insert:
4
(3A) The Minister is not required to consider working out the normal
5
value of goods under paragraph (2)(d) before working out the
6
normal value of goods under paragraph (2)(c).
7
68 Application provision
8
The amendment made by this Part applies in relation to investigations
9
that are initiated, to reviews or inquiries that begin or to applications
10
under section 269V of the Customs Act 1901 that are made, on or after
11
the commencement of this Part.
12
Amendments Schedule 1
Dumping periods Part 6
No. , 2015
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
19
Part 6
--Dumping periods
1
Customs Act 1901
2
69 Paragraph 269TACB(2A)(a)
3
Omit "2 months", substitute "1 month".
4
70 Application provision
5
The amendment made by this Part applies in relation to applications for
6
a dumping duty notice that are made on or after the commencement of
7
this Part.
8
Schedule 1 Amendments
Part 7 Definition of subsidy
20
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
No. , 2015
Part 7
--Definition of subsidy
1
Customs Act 1901
2
71 Subsection 269TACC(2)
3
Repeal the subsection, substitute:
4
(2) A financial contribution is taken to confer a benefit if it is provided
5
on terms that are more advantageous than those that would have
6
been available to the recipient on the market.
7
72 Paragraphs 269TACC(3)(a) to (e)
8
Omit "referred to in subsection (2)".
9
73 Application provision
10
The amendments made by this Part apply in relation to investigations
11
that are initiated, or to reviews or inquiries that begin, on or after the
12
commencement of this Part.
13
Amendments Schedule 1
Accelerated review Part 8
No. , 2015
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
21
Part 8
--Accelerated review
1
Customs Act 1901
2
74 Subsection 269T(1) (definition of new exporter)
3
Repeal the definition, substitute:
4
new exporter, in relation to goods the subject of an application for
5
a dumping duty notice or a countervailing duty notice or like
6
goods, means an exporter who did not export such goods to
7
Australia at any time during the investigation period in relation to
8
the application.
9
75 Subsection 269ZE(1)
10
Omit "subparagraph 269ZG(3)(b)(ii)", substitute
11
"paragraph 269ZG(3)(b)".
12
76 Paragraph 269ZG(1)(b)
13
Repeal the paragraph, substitute:
14
(b) that the dumping duty notice or countervailing duty notice
15
the subject of the application be altered so as to apply to the
16
applicant as if different variable factors had been fixed;
17
77 Paragraph 269ZG(3)(b)
18
Repeal the paragraph, substitute:
19
(b) declare that, with effect from the date the application is
20
lodged, this Act and the Dumping Duty Act have effect as if
21
the original dumping duty notice or countervailing duty
22
notice had applied to the applicant but the Minister had fixed
23
specified different variable factors relevant to the
24
determination of duty;
25
78 Paragraph 269ZH(a)
26
Omit "from the applicant in respect of consignments of goods",
27
substitute "in respect of consignments of goods, to which the
28
application relates,".
29
Schedule 1 Amendments
Part 8 Accelerated review
22
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
No. , 2015
79 Application provision
1
The amendments made by this Part apply in relation to applications
2
lodged under subsection 269ZE(1) of the Customs Act 1901 on or after
3
the commencement of this Part.
4
Amendments Schedule 1
Period during which notices remain in force Part 9
No. , 2015
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
23
Part 9
--Period during which notices remain in force
1
Customs Act 1901
2
80 Subsection 269TM(1)
3
Omit "Where", substitute "Subject to subsection (1A), if".
4
81 After subsection 269TM(1)
5
Insert:
6
(1A) If:
7
(a) a notice (the original notice) is published under a relevant
8
notification provision in respect of goods of a particular kind;
9
and
10
(b) in relation to the investigation that resulted in the publication
11
of the original notice, the Minister accepted an undertaking
12
under subsection 269TEB(5) or (6) that was proposed by a
13
government of a country of export, or by an exporter, of
14
goods of that kind; and
15
(c) before the end of the period of 5 years beginning on the day
16
(the start day) that the Minister accepted that undertaking:
17
(i) that government or exporter breaches that undertaking;
18
and
19
(ii) the Minister, under subsection 269TEB(7), takes steps
20
to facilitate the resumption of the investigation in so far
21
as it relates to goods of that kind exported from that
22
country or exported by that exporter; and
23
(iii) another notice is published under a relevant notification
24
provision in respect of goods of that kind exported from
25
that country or exported by that exporter;
26
then the other notice expires 5 years after the start day unless it is
27
revoked before the end of that period.
28
82 Application provision
29
Paragraph 269TM(1A)(b) of the Customs Act 1901, as inserted by this
30
Act, applies in relation to an undertaking that is accepted on or after the
31
commencement of this item.
32
Schedule 1 Amendments
Part 10 Dumping findings
24
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
No. , 2015
Part 10
--Dumping findings
1
Customs Act 1901
2
83 After subsection 269T(2AD)
3
Insert:
4
(2AE) However, subsection (2AD) does not permit any determination
5
under this Part that dumping has occurred by reference to goods
6
exported to Australia before the start of the investigation period.
7
Note:
Section 269TACB requires a determination of whether dumping has
8
occurred by reference to goods exported to Australia during the
9
investigation period.
10
84 Application provision
11
The amendment made by this Part applies in relation to investigations
12
that are initiated, or to reviews or inquiries that begin, on or after the
13
commencement of this Part.
14
Amendments Schedule 1
Notification of subsidies Part 11
No. , 2015
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
25
Part 11
--Notification of subsidies
1
Customs Act 1901
2
85 Paragraph 269TJ(3BA)(a)
3
Repeal the paragraph, substitute:
4
(a) the government of the country of export has not submitted
5
notification of its subsidies, as mentioned in paragraph 1 of
6
Article 25 of the Agreement on Subsidies and Countervailing
7
Measures, at least once in the compliance period;
8
86 Application provision
9
The amendment made by this Part applies in relation to notices and
10
undertakings given on or after the commencement of this Part.
11
Schedule 1 Amendments
Part 12 Fee for review by Review Panel
26
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
No. , 2015
Part 12
--Fee for review by Review Panel
1
Customs Act 1901
2
87 At the end of subsection 269ZZE(1)
3
Add:
4
; and (f) be accompanied by the fee prescribed in an instrument under
5
subsection (3).
6
88 At the end of section 269ZZE
7
Add:
8
Fee
9
(3) The Minister may, by legislative instrument, prescribe a fee for the
10
purposes of paragraph (1)(f).
11
(4) The instrument may prescribe different fees for different kinds of
12
applications or different kinds of applicants.
13
(5) The instrument may make provision for, and in relation to, the
14
refund or waiver of any fee.
15
89 At the end of subsection 269ZZQ(1) (before the note)
16
Add:
17
; and (f) be accompanied by the fee prescribed in an instrument under
18
subsection (2).
19
90 At the end of section 269ZZQ
20
Add:
21
Fee
22
(2) The Minister may, by legislative instrument, prescribe a fee for the
23
purposes of paragraph (1)(f).
24
(3) The instrument may prescribe different fees for different kinds of
25
applications or different kinds of applicants.
26
Amendments Schedule 1
Fee for review by Review Panel Part 12
No. , 2015
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
27
(4) The instrument may make provision for, and in relation to, the
1
refund or waiver of any fee.
2
91 Application provision
3
The amendments made by this Part apply in relation to reviewable
4
decisions made on or after the commencement of this Part.
5
Schedule 1 Amendments
Part 13 Conduct of review by Review Panel
28
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
No. , 2015
Part 13
--Conduct of review by Review Panel
1
Customs Act 1901
2
92 Section 269ZY
3
Omit "Commissioner", substitute "Senior Member of the Review
4
Panel".
5
93 Paragraph 269ZZE(2)(b)
6
Repeal the paragraph, substitute:
7
(b) contain a statement setting out the grounds on which the
8
applicant believes the reviewable decision is not the correct
9
or preferable decision; and
10
(c) contain a statement setting out the decision (the proposed
11
decision) that the applicant considers the Minister should
12
have made; and
13
(d) contain a statement setting out how the grounds mentioned in
14
paragraph (b) support the making of the proposed decision;
15
and
16
(e) for a decision referred to in paragraph 269ZZA(1)(a), (c),
17
(ca) or (d)--contain a statement setting out how the proposed
18
decision is materially different from the reviewable decision.
19
94 Section 269ZZG (heading)
20
Repeal the heading, substitute:
21
269ZZG Rejection of application--failure to establish decision not
22
the correct or preferable decision etc.
23
95 Subsections 269ZZG(1) and (2)
24
Repeal the subsections, substitute:
25
(1) If one or more of the following apply:
26
(a) the Review Panel is not satisfied that an application sets out
27
reasonable grounds for the reviewable decision not being the
28
correct or preferable decision;
29
Amendments Schedule 1
Conduct of review by Review Panel Part 13
No. , 2015
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
29
(b) the Review Panel is not satisfied that the grounds mentioned
1
in paragraph 269ZZE(2)(b) support the making of the
2
proposed decision (see paragraph 269ZZE(2)(c));
3
(c) for a decision referred to in paragraph 269ZZA(1)(a), (c),
4
(ca) or (d)--the Review Panel is not satisfied that the
5
proposed decision (see paragraph 269ZZE(2)(c)) is
6
materially different from the reviewable decision;
7
the Review Panel may, by notice given to the applicant, request the
8
applicant to give the Review Panel, within the period specified in
9
the notice, further information in relation to those matters.
10
(2) The Review Panel may reject an application if at any time after the
11
end of the 30-day period referred to in section 269ZZD:
12
(a) the Review Panel is not satisfied that the applicant has given
13
the Review Panel information setting out reasonable grounds
14
for the reviewable decision not being the correct or preferable
15
decision; or
16
(b) the Review Panel is not satisfied that the grounds mentioned
17
in paragraph 269ZZE(2)(b) support the making of the
18
proposed decision (see paragraph 269ZZE(2)(c)); or
19
(c) for a decision referred to in paragraph 269ZZA(1)(a), (c),
20
(ca) or (d)--the Review Panel is not satisfied that the
21
proposed decision (see paragraph 269ZZE(2)(c)) is
22
materially different from the reviewable decision.
23
96 Subsection 269ZZG(4)
24
Omit "30-day period referred to in section 269ZZD", substitute "period
25
specified in a notice under subsection (1)".
26
97 At the end of section 269ZZG
27
Add:
28
(5) If:
29
(a) the Review Panel does not, under this Subdivision, reject an
30
application; and
31
(b) in relation to information given by the applicant setting out
32
the grounds for the reviewable decision not being the correct
33
or preferable decision:
34
(i) the Review Panel is satisfied that one or more of those
35
grounds (the reviewable grounds) are reasonable
36
Schedule 1 Amendments
Part 13 Conduct of review by Review Panel
30
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
No. , 2015
grounds for the reviewable decision not being the
1
correct or preferable decision; and
2
(ii) the Review Panel is satisfied that one or more of those
3
grounds (the non-reviewable grounds) are not
4
reasonable grounds for the reviewable decision not
5
being the correct or preferable decision;
6
then:
7
(c) the Review Panel must accept the reviewable grounds and
8
must conduct the review in relation to those grounds and no
9
other grounds; and
10
(d) the Review Panel must reject the non-reviewable grounds.
11
98 After section 269ZZH
12
Insert:
13
269ZZHA Review Panel may hold conferences
14
(1) The Review Panel may, at any time after receiving an application
15
for a review, hold a conference of such persons or bodies as it
16
considers appropriate for the purpose of obtaining further
17
information in relation to the application or review.
18
(2) In making a recommendation under subsection 269ZZK(1), the
19
Review Panel may also have regard to:
20
(a) that further information to the extent that it relates to the
21
relevant information (within the meaning of
22
subsection 269ZZK(6)); and
23
(b) any conclusions reached at the conference based on that
24
relevant information.
25
(3) If the Review Panel decides to hold a conference at any time after
26
receiving an application for a review and before beginning to
27
conduct the review:
28
(a) the Review Panel must invite the applicant to attend the
29
conference; and
30
(b) if the applicant fails to attend the conference and the Review
31
Panel is not satisfied that the applicant has a reasonable
32
excuse for the failure--the Review Panel may reject the
33
application.
34
Amendments Schedule 1
Conduct of review by Review Panel Part 13
No. , 2015
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
31
99 Paragraph 269ZZI(2)(b)
1
Omit "ground for seeking the review", substitute "grounds in relation to
2
which the review is to be conducted".
3
100 After paragraph 269ZZJ(a)
4
Insert:
5
(aa) the Commissioner;
6
101 Subsection 269ZZK(1)
7
Omit "or 269ZZH", substitute ", 269ZZH or 269ZZHA".
8
102 After subsection 269ZZK(1)
9
Insert:
10
(1A) For a reviewable decision referred to in paragraph 269ZZA(1)(a),
11
(c), (ca) or (d), the Review Panel may make a recommendation
12
referred to in paragraph (1)(b) of this section only if the new
13
decision is materially different from the reviewable decision.
14
103 Subsection 269ZZK(4)
15
After "subsections (4A) and (5)", insert "and subsection 269ZZHA(2)".
16
104 Subsection 269ZZQ(1A)
17
Repeal the subsection, substitute:
18
(1A) Without limiting paragraph (1)(c), an application must:
19
(a) contain a statement setting out the grounds on which the
20
applicant believes the reviewable decision is not the correct
21
or preferable decision; and
22
(b) contain a statement setting out the decision (the proposed
23
decision) that the applicant considers the Commissioner
24
should have made; and
25
(c) contain a statement setting out how the grounds mentioned in
26
paragraph (a) support the making of the proposed decision;
27
and
28
(d) for a decision referred to in paragraph 269ZZN(c)--contain a
29
statement setting out how the proposed decision is materially
30
different from the reviewable decision.
31
Schedule 1 Amendments
Part 13 Conduct of review by Review Panel
32
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
No. , 2015
105 Section 269ZZQA (heading)
1
Repeal the heading, substitute:
2
269ZZQA Rejection of application--failure to establish decision not
3
the correct or preferable decision etc.
4
106 Subsections 269ZZQA(1) and (2)
5
Repeal the subsections, substitute:
6
(1) If one or more of the following apply:
7
(a) the Review Panel is not satisfied that an application sets out
8
reasonable grounds for the reviewable decision not being the
9
correct or preferable decision;
10
(b) the Review Panel is not satisfied that the grounds mentioned
11
in paragraph 269ZZQ(1A)(a) support the making of the
12
proposed decision (see paragraph 269ZZQ(1A)(b));
13
(c) for a decision referred to in paragraph 269ZZN(c)--the
14
Review Panel is not satisfied that the proposed decision (see
15
paragraph 269ZZQ(1A)(b)) is materially different from the
16
reviewable decision;
17
the Review Panel may, by notice given to the applicant, request the
18
applicant to give the Review Panel, within the period specified in
19
the notice, further information in relation to those matters.
20
(2) The Review Panel may reject an application if at any time after the
21
end of the 30-day period referred to in section 269ZZP:
22
(a) the Review Panel is not satisfied that the applicant has given
23
the Review Panel information setting out reasonable grounds
24
for the reviewable decision not being the correct or preferable
25
decision; or
26
(b) the Review Panel is not satisfied that the grounds mentioned
27
in paragraph 269ZZQ(1A)(a) support the making of the
28
proposed decision (see paragraph 269ZZQ(1A)(b)); or
29
(c) for a decision referred to in paragraph 269ZZN(c)--the
30
Review Panel is not satisfied that the proposed decision (see
31
paragraph 269ZZQ(1A)(b)) is materially different from the
32
reviewable decision.
33
Amendments Schedule 1
Conduct of review by Review Panel Part 13
No. , 2015
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
33
107 Subsection 269ZZQA(4)
1
Omit "30-day period referred to in section 269ZZP", substitute "period
2
specified in a notice under subsection (1)".
3
108 At the end of section 269ZZQA
4
Add:
5
(5) If:
6
(a) the Review Panel does not, under this Subdivision, reject an
7
application; and
8
(b) in relation to information given by the applicant setting out
9
the grounds for the reviewable decision not being the correct
10
or preferable decision:
11
(i) the Review Panel is satisfied that one or more of those
12
grounds (the reviewable grounds) are reasonable
13
grounds for the reviewable decision not being the
14
correct or preferable decision; and
15
(ii) the Review Panel is satisfied that one or more of those
16
grounds (the non-reviewable grounds) are not
17
reasonable grounds for the reviewable decision not
18
being the correct or preferable decision;
19
then:
20
(c) the Review Panel must accept the reviewable grounds and
21
must conduct the review in relation to those grounds and no
22
other grounds; and
23
(d) the Review Panel must reject the non-reviewable grounds.
24
109 After section 269ZZR
25
Insert:
26
269ZZRA Review Panel may hold conferences
27
(1) The Review Panel may, at any time after receiving an application
28
for a review, hold a conference of such persons or bodies as it
29
considers appropriate for the purpose of obtaining further
30
information in relation to the application or review.
31
(2) In making a decision on the review, the Review Panel may also
32
have regard to:
33
Schedule 1 Amendments
Part 13 Conduct of review by Review Panel
34
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
No. , 2015
(a) that further information to the extent that it relates to the
1
information that was before the Commissioner when the
2
Commissioner made the reviewable decision; and
3
(b) any conclusions reached at the conference based on the
4
information that was before the Commissioner when the
5
Commissioner made the reviewable decision.
6
(3) If the Review Panel decides to hold a conference at any time after
7
receiving an application for a review and before beginning to
8
conduct the review:
9
(a) the Review Panel must invite the applicant to attend the
10
conference; and
11
(b) if the applicant fails to attend the conference and the Review
12
Panel is not satisfied that the applicant has a reasonable
13
excuse for the failure--the Review Panel may reject the
14
application.
15
269ZZRB Review Panel may seek further information from the
16
Commissioner
17
(1) In reviewing a reviewable decision under this Subdivision, the
18
Review Panel may seek further information from the
19
Commissioner in relation to information that was before the
20
Commissioner when the Commissioner made the reviewable
21
decision.
22
(2) In making a decision on the review, the Review Panel may also
23
have regard to that further information.
24
269ZZRC Notification of review
25
Negative prima facie decisions, negative preliminary decisions and
26
rejection decisions
27
(1) Before the Review Panel begins to conduct a review of a negative
28
prima facie decision, a negative preliminary decision or a rejection
29
decision, the Review Panel must give a notice to the applicant and
30
the Commissioner indicating that the Review Panel proposes to
31
conduct that review.
32
(2) A notice under subsection (1) must:
33
(a) describe the goods to which the application relates; and
34
Amendments Schedule 1
Conduct of review by Review Panel Part 13
No. , 2015
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
35
(b) set out the decision that is sought to be reviewed and the
1
grounds in relation to which the review is to be conducted.
2
Termination decision
3
(3) Before the Review Panel begins to conduct a review of a
4
termination decision, the Review Panel must publish a notice on
5
the Review Panel's website indicating that the Review Panel
6
proposes to conduct that review.
7
(4) A notice under subsection (3) must:
8
(a) describe the goods to which the application relates; and
9
(b) set out the decision that is sought to be reviewed and the
10
grounds in relation to which the review is to be conducted.
11
110 Subsection 269ZZS(1)
12
After "section 269ZZQA", insert "or 269ZZRA".
13
111 Subsection 269ZZS(3)
14
Omit "In", substitute "Subject to subsections 269ZZRA(2) and
15
269ZZRB(2), in".
16
112 Subsection 269ZZS(4)
17
Omit "receipt of the application for the review", substitute "giving of
18
the notice under subsection 269ZZRC(1) to the applicant".
19
113 Subsection 269ZZT(1)
20
Omit "or 269ZZR", substitute ", 269ZZR or 269ZZRA".
21
114 Subsection 269ZZT(4)
22
Omit "In", substitute "Subject to subsections 269ZZRA(2) and
23
269ZZRB(2), in".
24
115 Subsection 269ZZT(5)
25
Omit "receipt of the application for the review", substitute "publication
26
of the notice under subsection 269ZZRC(3)".
27
116 Subsection 269ZZU(1)
28
After "section 269ZZQA", insert "or 269ZZRA".
29
Schedule 1 Amendments
Part 13 Conduct of review by Review Panel
36
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
No. , 2015
117 After subsection 269ZZU(1)
1
Insert:
2
(1A) The Review Panel may revoke a reviewable decision and substitute
3
a new decision under subsection 269X(6) only if the new decision
4
is materially different from the reviewable decision.
5
118 Subsection 269ZZU(3)
6
Omit "In", substitute "Subject to subsections 269ZZRA(2) and
7
269ZZRB(2), in".
8
119 Subsection 269ZZU(4)
9
Omit "receipt of the application for the review", substitute "giving of
10
the notice under subsection 269ZZRC(1) to the applicant".
11
120 Subsection 269ZZUA(1)
12
After "section 269ZZQA", insert "or 269ZZRA".
13
121 Subsection 269ZZUA(5)
14
Omit "In", substitute "Subject to subsections 269ZZRA(2) and
15
269ZZRB(2), in".
16
122 Subsection 269ZZUA(6)
17
Omit "receipt of the application for the review", substitute "giving of
18
the notice under subsection 269ZZRC(1) to the applicant".
19
123 At the end of paragraph 269ZZX(1)(a)
20
Add:
21
(iv) a summary of further information obtained at a
22
conference mentioned in section 269ZZHA or
23
269ZZRA; and
24
124 Application provision
25
The amendments made by this Part apply in relation to reviewable
26
decisions made on or after the commencement of this Part.
27
Amendments Schedule 1
Withdrawal of review applications Part 14
No. , 2015
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
37
Part 14
--Withdrawal of review applications
1
Customs Act 1901
2
125 After section 269ZZE
3
Insert:
4
269ZZF Withdrawal of application
5
(1) An applicant may withdraw an application for a review.
6
(2) The withdrawal must:
7
(a) be in writing; and
8
(b) be made in the manner approved under section 269ZY for
9
making applications for a review.
10
126 After section 269ZZQ
11
Insert:
12
269ZZQAA Withdrawal of application
13
(1) An applicant may withdraw an application for a review.
14
(2) The withdrawal must:
15
(a) be in writing; and
16
(b) be made in the manner approved under section 269ZY for
17
making applications for a review.
18
127 Application provision
19
The amendments made by this Part apply in relation to applications
20
made on or after the commencement of this Part.
21
Schedule 1 Amendments
Part 15 International Trade Remedies Forum
38
Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015
No. , 2015
Part 15
--International Trade Remedies Forum
1
Customs Act 1901
2
128 Part XVC
3
Repeal the Part.
4