CUSTOMS AMENDMENT (ANTI-DUMPING MEASURES) BILL 2011

i Customs Amendment (Anti-dumping Measures) Bill 2011 No. , 2011

Contents

1 Short

title

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2 Commencement

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3 Schedule(s)

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Schedule 1--Amendment of the Customs Act 1901

Customs Act 1901

Customs Amendment (Anti-dumping Measures) Bill 2011 No. , 2011 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

Measures) Act 2011.

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 Measures) Bill 2011 No. , 2011

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 any of 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repealed as set out in the applicable items in the Schedule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.

Amendment of the Customs Act 1901 Schedule 1

Customs Amendment (Anti-dumping Measures) Bill 2011 No. , 2011 3

Schedule 1--Amendment of the Customs Act

1901

Customs Act 1901

1 Subsection 269T(1)

Insert:

revocation declaration, in relation to particular anti-dumping

measures, means:

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

dumping duty notice or a countervailing duty notice--a

declaration by the Minister that the notice is taken to be, or to

have been, revoked either in relation to a particular exporter

or to exporters generally or in relation to a particular kind of

goods; or

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

Minister of an undertaking under section 269TG or 269TJ--a

declaration by the Minister that the person who gave the

undertaking is released from it and that the investigation

giving rise to the undertaking is terminated.

2 Subsection 269T(1)

Insert:

revocation recommendation, in relation to particular anti-dumping

measures, means any of the following:

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

dumping duty notice or a countervailing duty notice--a

recommendation by the CEO in a report under

section 269ZDA that the notice be taken to be, or to have

been, revoked either in relation to a particular exporter or to

exporters generally or in relation to a particular kind of

goods;

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

Minister of an undertaking under section 269TG or 269TJ--a

recommendation by the CEO in a report under

section 269ZDA that the Minister indicate to the person who

gave the undertaking that the person is released from it and

Schedule 1 Amendment of the Customs Act 1901

4 Customs Amendment (Anti-dumping Measures) Bill 2011 No. , 2011

that the investigation giving rise to the undertaking is

terminated.

3 Subsection 269T(1)

Insert:

revocation review notice, in relation to a review of anti-dumping

measures, means any of the following:

(a) a notice relating to the review that is published under

subsection 269ZC(4), (5) or (6) and includes information

under paragraph 269ZC(7)(bb);

(b) a notice relating to the review that is published under

subsection 269ZCC(4) or (7) and includes information under

paragraph 269ZCC(8)(c).

4 Subparagraph 269ZA(1)(b)(ii)

Repeal the subparagraph, substitute:

(ii) the anti-dumping measures are no longer warranted;

5 Subparagraph 269ZA(3)(b)(ii)

Repeal the subparagraph, substitute:

(ii) the anti-dumping measures are no longer warranted;

6 Subsection 269ZA(5)

Omit "affect", substitute "effect".

7 Paragraph 269ZB(2)(d)

Repeal the paragraph, substitute:

(d) if the application is based on circumstances that in the

applicant's view indicate that the anti-dumping measures are

no longer warranted--evidence, in accordance with the

approved form, of the circumstances.

8 Subsections 269ZC(1) and (2)

Repeal the subsections, substitute:

(1) If an application under subsection 269ZA(1) for review of

anti-dumping measures is lodged with Customs, the CEO must,

within 20 days after Customs receives the application:

(a) examine the application; and

Amendment of the Customs Act 1901 Schedule 1

Customs Amendment (Anti-dumping Measures) Bill 2011 No. , 2011 5

(b) if the CEO is not satisfied, having regard to the application

and to any other information that the CEO considers relevant,

of one or more of the matters referred to in subsection (2)--

reject the 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) that the application complies with section 269ZB; and

(b) that there appear to be reasonable grounds for asserting

either, or both, of the following:

(i) that the variable factors relevant to the taking of

anti-dumping measures have changed;

(ii) that the anti-dumping measures are no longer warranted.

9 Paragraph 269ZC(4)(b)

Repeal the paragraph, substitute:

(b) if the CEO considers that the review applied for should be

extended to include any additional matter--recommend to

the Minister that the review be extended accordingly.

10 After paragraph 269ZC(7)(b)

Insert:

(ba) if the review will examine whether the variable factors

relevant to the taking of the measures have changed--state

that fact; and

(bb) if the review will examine whether the measures are no

longer warranted--state that fact; and

11 After section 269ZC

Insert:

269ZCA Application to extend a review of anti-dumping measures

to include revocation

If:

(a) a notice was published by the CEO under subsection

269ZC(4), (5) or (6); and

Schedule 1 Amendment of the Customs Act 1901

6 Customs Amendment (Anti-dumping Measures) Bill 2011 No. , 2011

(b) the notice did not state the review will examine whether the

measures are no longer warranted (see paragraph

269ZC(7)(bb)); and

may satisfy the CEO that there are reasonable grounds for

determining that the anti-dumping measures described in the

notice are no longer warranted;

the affected party may, by application lodged with Customs,

request that the CEO consider that evidence.

269ZCB Content and lodgment of application to extend a review of

anti-dumping measures to include revocation

(1) An application under section 269ZCA must:

(a) be lodged within 40 days of the publication of the relevant

notice under subsection 269ZC(4), (5) or (6); and

(b) be in writing; and

(d) contain such information as the form requires; and

(e) be signed in the manner indicated by the form.

(2) Without otherwise limiting the matters that can be required by the

approved form to be included, the application must include

evidence of the circumstances that in the applicant's view indicate

that the anti-dumping measures are no longer warranted.

(3) An application may be lodged with Customs:

(a) by leaving it at a place allocated for lodgment of such

applications at Customs House in Canberra; or

(b) by posting it by prepaid post to a postal address specified in

the approved form; or

approved form;

and the application is taken to have been lodged when the

application, or a fax of the application, is first received by an

officer of Customs doing duty in relation to applications for review

of anti-dumping measures.

(4) The day on which the application is taken to have been lodged

must be recorded on the application.

Amendment of the Customs Act 1901 Schedule 1

Customs Amendment (Anti-dumping Measures) Bill 2011 No. , 2011 7

269ZCC Consideration of applications and requests for extensions

of reviews

(1) If an application under section 269ZCA is lodged with Customs,

the CEO must, within 20 days after Customs receives the

application:

(a) examine the application; and

(b) if the CEO is not satisfied, having regard to the application

and to any other information that the CEO considers relevant,

of one or more of the matters referred to in subsection (2)--

reject the 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) that the application complies with section 269ZCB; and

(b) that the CEO is satisfied that there appear to be reasonable

grounds for recommending that the anti-dumping measures

are no longer warranted.

(3) The notice informing the applicant of the rejection of the

application must set out the reasons why the CEO was not satisfied

of one or more of the matters set out in subsection (2).

(4) If the CEO decides not to reject an application, the CEO must

publish a notice in a newspaper circulating in each State, in the

Australian Capital Territory and in the Northern Territory.

(5) If the CEO considers (either as a result of an application under

section 269ZCA or on the CEO's own initiative) that the review

applied for should be extended to include any additional matter, the

CEO may, within 40 days after the publication of the notice under

subsection 269ZC(4), (5) or (6) relating to the review, recommend

to the Minister that the review be extended accordingly.

(6)

If:

(a) anti-dumping measures have been taken in respect of goods;

and

(b) an application under subsection 269ZA(1) for review of

anti-dumping measures has been made; and

from the CEO under subsection (5) of this section or on the

Schedule 1 Amendment of the Customs Act 1901

8 Customs Amendment (Anti-dumping Measures) Bill 2011 No. , 2011

Minister's own initiative) that there appear to be reasonable

grounds to extend the review applied for to include any

additional matter;

the Minister may, within 60 days of the publication of the relevant

notice under subsection 269ZC(4), (5) or (6), by notice in writing,

request that the CEO extend the review applied for accordingly.

(7) If the CEO is requested under this section by the Minister to extend

a review of anti-dumping measures, the CEO must, on receipt of

that request, publish a notice in a newspaper circulating in each

State, in the Australian Capital Territory and in the Northern

Territory indicating that it is proposed to so extend the review.

(8) The notice published by the CEO under subsection (4) or (7) must:

(a) describe the kind of goods to which the relevant review of

anti-dumping measures relates; and

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

for the CEO making a revocation recommendation--state

that fact; and

(d) invite affected parties to lodge with the CEO submissions

concerning the extended review.

12 At the end of paragraph 269ZD(2)(a)

Add:

(iii) any other submission received by Customs relating generally

to the review if, in the CEO's opinion, having regard to the

submission would not prevent the timely placement of the

statement of essential facts on the public record; and

13 After subsection 269ZDA(1)

Insert:

(1A) After conducting a review of anti-dumping measures under this

Division, the CEO:

(a) must not make a revocation recommendation in relation to

the measures unless a revocation review notice has been

published in relation to the review; and

(b) otherwise must make a revocation recommendation in

relation to the measures, unless the CEO is satisfied as a

result of the review that revoking the measures would lead, or

Amendment of the Customs Act 1901 Schedule 1

Customs Amendment (Anti-dumping Measures) Bill 2011 No. , 2011 9

be likely to lead, to a continuation of, or a recurrence of, the

dumping or subsidisation and the material injury that the

measures are intended to prevent.

14 After subparagraph 269ZDA(3)(a)(i)

Insert:

(ia) any application to extend the review that was not

rejected; and

(ib) any request to extend the review; and

15 After subsection 269ZDB(1)

Insert:

(1A) The Minister must not make a revocation declaration in relation to

anti-dumping measures unless a revocation review notice has been

published in relation to the relevant review of those measures.

16 Application

The amendments made by this Schedule apply in relation to

applications lodged, and reviews initiated, on or after the day on which

this item commences.

Commonwealth of Australia Bills

CUSTOMS AMENDMENT (ANTI-DUMPING MEASURES) BILL 2011