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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Customs Amendment (Anti-Dumping
Measures) Bill 2017
No. , 2017
(Industry, Innovation and Science)
A Bill for an Act to amend the Customs Act 1901,
and for related purposes
No. , 2017
Customs Amendment (Anti-Dumping Measures) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Customs Act 1901
3
No. , 2017
Customs Amendment (Anti-Dumping Measures) Bill 2017
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 is the Customs Amendment (Anti-Dumping Measures) Act
5
2017.
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 2017
No. , 2017
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
The day after this Act receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule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
No. , 2017
Customs Amendment (Anti-Dumping Measures) Bill 2017
3
Schedule 1--Amendments
1
2
Customs Act 1901
3
1 Subsection 269TAB(1A)
4
Repeal the subsection.
5
2 After subsection 269TAB(2)
6
Insert:
7
(2A) If an export price of goods exported to Australia is being
8
ascertained for the purposes of conducting a review of
9
anti-dumping measures under Division 5, the price may, despite
10
subsection (1), be determined by the Minister in accordance with
11
subsection (2B) if:
12
(a) the price is being ascertained in relation to an exporter of
13
those goods (whether the review is of the measures as they
14
affect a particular exporter of those goods, or as they affect
15
exporters of those goods generally); and
16
(b) the Minister determines that there is insufficient or unreliable
17
information to ascertain the price due to an absence or low
18
volume of exports of those goods to Australia by that
19
exporter having regard to the following:
20
(i) previous volumes of exports of those goods to Australia
21
by that exporter;
22
(ii) patterns of trade for like goods;
23
(iii) factors affecting patterns of trade for like goods that are
24
not within the control of the exporter.
25
Note:
If there is an absence of exports of those goods to Australia by that
26
exporter, the Minister may deem such exports to have taken place for
27
the purposes of ascertaining an export price: see subsection (2C).
28
(2B) For the purposes of subsection (2A), the export price of those
29
goods is the price determined by the Minister to be the export
30
price, having regard to any of the following:
31
(a) the export price for the goods exported to Australia by the
32
exporter established in accordance with subsection (1) of this
33
section for a decision of a kind mentioned in subsection (2D);
34
Schedule 1 Amendments
4
Customs Amendment (Anti-Dumping Measures) Bill 2017
No. , 2017
(b) the price paid or payable for like goods sold by the exporter
1
in arms length transactions for exportation from the country
2
of export to a third country determined by the Minister to be
3
an appropriate third country;
4
(c) the export price for like goods exported to Australia from the
5
country of export by another exporter or exporters
6
established in accordance with subsection (1) of this section
7
for a decision mentioned in subsection (2D).
8
(2C) For the purposes of conducting the review of anti-dumping
9
measures under Division 5, if there is an absence of exports of
10
those goods to Australia by the exporter, the Minister may deem
11
such exports to have occurred for the purposes of applying
12
subsections (2A) and (2B) of this section.
13
(2D) For the purposes of paragraphs (2B)(a) and (c), the decisions are
14
the following:
15
(a) deciding to publish a notice under any of the following
16
provisions:
17
(i) subsection 269TG(1) or (2) (dumping duties);
18
(ii) subsection 269TJ(1) or (2) (countervailing duties);
19
(iii) subsection 269ZDB(1) (reviews of anti-dumping
20
measures);
21
(iv) subsection 269ZDBH(1) (anti-circumvention inquiries);
22
(v) subsection 269ZG(3) (accelerated review);
23
(vi) subsection 269ZHG(1) (continuation of anti-dumping
24
measures);
25
(b) any other decision under this Act of a kind prescribed by the
26
regulations.
27
(2E) For the purposes of paragraph (2B)(c), the decision must be a
28
decision made during the period:
29
(a) beginning 2 years before the day the Commissioner
30
published notice of the review under subsection 269ZC(4),
31
(5) or (6); and
32
(b) ending on the day notice of the review is published under
33
subsection 269ZDB(1).
34
(2F) Without limiting the generality of the matters that may be taken
35
into account by the Minister in determining whether a third country
36
is an appropriate third country for the purposes of
37
Amendments Schedule 1
No. , 2017
Customs Amendment (Anti-Dumping Measures) Bill 2017
5
paragraph (2B)(b), the Minister may have regard to the following
1
matters:
2
(a) whether the volume of trade from the country of export to the
3
third country is similar to the volume of trade from the
4
country of export to Australia;
5
(b) whether the nature of the trade in goods concerned between
6
the country of export and the third country is similar to the
7
nature of trade between the country of export and Australia.
8
(2G) If the export price of goods exported to Australia has been
9
ascertained under subsection (2B), the export price may be subject
10
to such adjustments that the Minister determines are necessary to
11
reflect what the export price would have been had there not been
12
an absence or low volume of exports, including:
13
(a) adjustments due to exports (on which the export price is
14
based) relating to earlier times; or
15
(b) adjustments due to exports (on which the export price is
16
based) relating to not identical goods.
17
3 At the end of section 269TAB
18
Add:
19
(6) For the purposes of paragraphs (1)(a) and (2B)(b), the reference in
20
those paragraphs to the price paid or payable for goods is a
21
reference to that price after deducting any amount that is
22
determined by the Minister to be a reimbursement of the kind
23
referred to in subsection 269TAA(1A) in respect of that
24
transaction.
25
4 Application of amendments
26
The amendments made by this Schedule apply in relation to the
27
following:
28
(a) a review under Division 5 of Part XVB of the Customs Act
29
1901 for which an application is lodged, or request is made,
30
on or after the commencement of this Schedule;
31
(b) such a review that was being undertaken immediately before
32
the commencement of this Schedule but for which a
33
declaration in accordance with subsection 269ZDB(1) of that
34
Act had not been made at that time;
35
Schedule 1 Amendments
6
Customs Amendment (Anti-Dumping Measures) Bill 2017
No. , 2017
(c) an application for such a review that was lodged, or a request
1
for such a review that was made, before the commencement
2
of this item but for which a notice of a review under
3
subsection 269ZC(4), (5) or (6) of that Act had not been
4
made at that commencement.
5