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CUSTOMS ACT 1901 - SECT 269ZE

Circumstances in which accelerated review may be sought

  (1)   If a dumping duty notice or a countervailing duty notice has been published:

  (a)   in respect of goods exported from a particular country of export; or

  (b)   in respect of goods exported by new exporters from a particular country of export;

a new exporter from that country (other than such an exporter in respect of whom a declaration has already been made under paragraph   269ZG(3)(b) in respect of a previous application) may, by application lodged with the Commissioner, request an accelerated review of that notice in so far as it affects that exporter.

  (2)   If the Commissioner is satisfied that:

  (a)   because that exporter refused to co - operate, in relation to the application for publication of that notice, the exportations of that exporter were not investigated; or

  (b)   the exporter is related to an exporter whose exports were examined in relation to the application for publication of that notice;

the Commissioner may reject the application.

  (3)   If, during the course of an accelerated review, the Commissioner becomes satisfied that:

  (a)   the exporter is refusing to co - operate with any aspect of the review; or

  (b)   the exporter is related to an exporter whose exports were examined in relation to the application for publication of that notice;

the Commissioner may terminate the review.

  (4)   For the purposes of this section, an exporter is taken to be related to another exporter if the 2 exporters are associates of each other under subsection   269TAA(4).


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