Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 269ZA

  (1)   If:

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

  (b)   an affected party considers that it may be appropriate to review those measures as they affect a particular exporter of those goods, or as they affect exporters of those goods generally, because:

  (i)   one or more of the variable factors relevant to the taking of the measures in relation to that exporter or those exporters have changed; or

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

the affected party may, by application lodged with the Commissioner, request that the Commissioner initiate such a review.

  (2)   An application for review of anti - dumping measures must not be made:

  (a)   if the measures involve the publication of a dumping duty notice or a countervailing duty notice--earlier than 12 months after:

  (i)   the publication of the notice; or

  (ii)   the publication of a notice declaring the outcome of the last review of the notice (whether that last review was undertaken at the applicant's request or not); and

  (b)   if the measures involve the acceptance of an undertaking--earlier than 12 months after:

  (i)   the publication of notice of the acceptance of that undertaking; or

  (ii)   the publication of a notice declaring the outcome of the last review of the undertaking (whether that last review was undertaken at the applicant's request or not).

Example:   If an application under section   269TB resulted in:

(a)   the publication of the acceptance of an undertaking from exporter A on 1   January 1999; and

(b)   the publication of a dumping duty notice covering exporters B and C on 1   March 1999;

  an affected party could seek review of the undertaking on 2   January 2000 but could not seek review of both the undertaking and the dumping duty notices until 2   March 2000.

  However, the Minister could decide to review the notices before 2   March 2000 either on his or her own initiative or on the recommendation of the Commissioner. See subsection   (3).

  (3)   If:

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

  (b)   the Minister considers (either as a result of a recommendation from the Commissioner under subsection   269ZC(4) or on his or her own initiative) that it may be appropriate to review those measures as they affect a particular exporter of those goods, or as they affect exporters of those goods generally, because:

  (i)   one or more of the variable factors relevant to the taking of the measures in relation to that exporter or those exporters may have changed; or

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

the Minister may, at any time, by notice in writing, request that the Commissioner initiate a review under this Division.

  (4)   If, as a result of a person's application under Division   6 for accelerated review of a dumping duty notice or a countervailing duty notice, the Minister has made a declaration under subsection   269ZG(3):

  (a)   that person may not make an application, under subsection   (1) of this section, for a review of that notice earlier than 12 months after the making of that declaration; but

  (b)   for the purpose of determining whether subsection   (2) permits any other person to apply for a review of the notice, the making of that declaration is not to be treated as a review of the notice.

  (5)   If:

  (a)   a person applies, under Division   9, for a review of the Minister's decision to publish a dumping duty notice or a countervailing duty notice or not to publish such a notice; and

  (b)   as a result of that review:

  (i)   a dumping duty notice or a countervailing duty notice is published by the Minister despite an earlier decision not to publish such a notice; or

  (ii)   a dumping duty notice or countervailing duty notice originally published by the Minister is varied; or

  (iii)   another dumping duty notice or countervailing duty notice is substituted for the notice originally published by the Minister;

then, for the purpose only of determining whether subsection   (2) permits a review of the new notice, the notice as varied or the substituted notice, that new notice, notice as varied or substituted notice has effect as if it had been published at the time of the Minister's decision not to publish a notice, or at the time of publication of the original notice, as the case requires.