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CUSTOMS (ANTI-DUMPING AMENDMENTS) ACT 1999 NO. 26, 1999 - SCHEDULE 1

- Amendment of the Customs Act 1901

1 After subsection 269TAC(5C)

Insert:

(5D)
If goods are exported to Australia and the Minister is satisfied that:

(a)
in the past the Government of the country of export had a monopoly, or a substantial monopoly, of the trade of that country and determined, or substantially influenced, the domestic price of goods in that country; and

(b)
the circumstance described in paragraph (a) no longer applies in relation to the country of export; and

(c)
a price control situation applies, within the meaning of subsection (5E), in relation to like goods to those first-mentioned goods;

the normal value of those first-mentioned goods is such amount as is determined by the Minister having regard to all relevant information.

(5E)
A price control situation applies in relation to the domestic selling price of like goods to the goods first referred to in subsection (5D):

(a)
if the exporter of the goods so referred to sells like goods in the country of export and the domestic selling price of those like goods is controlled, or substantially controlled, by a government (at whatever level) of that country; or

(b)
if the exporter does not sell like goods in the country of export but there are other sellers in that country of like goods and the domestic selling price of like goods sold by some or all of those other sellers is so controlled or substantially so controlled.

(5F)
Without limiting the generality of subsection (5D), for the purpose of working out, under that subsection, the amount that is to be the normal value of goods exported to Australia, the Minister may determine that amount in a manner that would be open to the Minister under paragraph (4)(c), (d), (e) or
(f)
if subsection (4) were applicable.

(5G)
If goods ( exported goods ) are exported to Australia and the Minister is satisfied that:

(a)
in the past the government of the country of export had a monopoly, or a substantial monopoly, of the trade of that country and determined, or substantially influenced, the domestic price of goods in that country; and

(b)
the circumstance described in paragraph (a) no longer applies in relation to that country; and

(c)
subsection (5D) does not apply in relation to the exported goods; and

(d)
a particular raw material used in producing or manufacturing the exported goods was, in whole or in part, supplied directly to the producer or manufacturer by an enterprise that is wholly owned by the national government, or by a provincial government, of that country; and

(e)
the cost actually incurred by the producer or manufacturer in procuring the raw material so supplied exceeds 10% of the costs actually incurred by the producer or manufacturer in producing or manufacturing the exported goods;

the normal value of the exported goods for the purposes of this Part is the sum of:

(f)
an amount determined by the Minister, having regard to all relevant information, to be the value of the raw material so supplied, irrespective of the cost actually incurred by the producer or manufacturer in procuring the raw material so supplied; and

(g)
the amount of the cost actually incurred by the producer or manufacturer in producing or manufacturing the exported goods, other than the cost actually incurred by the producer or manufacturer in procuring the raw material so supplied; and

(h)
on the assumption that the exported goods, instead of being exported, had been sold for home consumption in the ordinary course of trade in the country of export—an amount determined by the Minister to be the sum of the administrative, selling and general costs associated with the sale of the exported goods and of the profit on that sale.

(5H)
Without limiting the generality of paragraph (5G)(f), the Minister may determine the amount that is to be the value of a raw material under that paragraph in accordance with whichever of the following paragraphs the Minister, having regard to what is appropriate and reasonable in the circumstances of the case, determines to be appropriate, as if the raw material were goods exported from the country of export referred to in paragraph (5G)(a):

(a)
an amount equal to the price determined by the Minister to be the price of like goods to the raw material produced or manufactured in a country determined by the Minister and sold for home consumption in the ordinary course of trade in that country, being sales that are arms length transactions;

(b)
an amount equal to the price determined by the Minister to be the price of like goods to the raw material produced or manufactured in a country determined by the Minister and sold in the ordinary course of trade in arms length transactions for exportation from that country to a third country determined by the Minister to be an appropriate third country;

(c)
an amount equal to the sum of the following amounts ascertained in respect of like goods to the raw material produced or manufactured in a country determined by the Minister and sold for home consumption in the ordinary course of trade in that country:

(i)
such amount as the Minister determines to be the cost of production or manufacture of like goods to the raw material in that country;
(ii)
such amounts as the Minister determines to be the administrative, selling and general costs associated with the sale of like goods to the raw material in that country and the profit on that sale;
(d)
an amount equal to the price payable for like goods to the raw material produced or manufactured in Australia and sold for home consumption in the ordinary course of trade in Australia, being sales that are arms length transactions.

(5J)
For the purposes of fulfilling Australia's international obligations under an international agreement, regulations may be made to disapply subsection (5D) or (5G) to a country.

2 Subsection 269TAC(6)

After "preceding subsections", insert "(other than subsection (5D))".

3 After subsection 269TAC(7)

Insert:

(7A)
The application of subsection (5D) or (5G) to goods that are exported to Australia from a particular country does not preclude the application of other provisions of this section (other than subsections (4) and (5)) to other goods that are exported to Australia from that country.

4 Subsection 269TG(1)

Omit all the words after paragraph (b), substitute:

the Minister may, by public notice, declare that section 8 of that Act applies:

(c)
to the goods in respect of which the Minister is so satisfied; and

(d)
to like goods that were exported to Australia after the CEO made a preliminary finding under section 269TD that there were sufficient grounds for the publication of a notice under this subsection in respect of the goods referred to in paragraph (c) but before the publication of that notice.

5 Paragraph 269TG(1)(d)

Omit "preliminary finding under section 269TD that there were sufficient grounds for the publication of a notice under this subsection", substitute "preliminary affirmative determination under section 269TD".

6 Subsection 269TG(2)

Omit all the words after "Anti-Dumping Act", substitute "applies to like goods that are exported to Australia after the date of publication of the notice or such later date as is specified in the notice".

7 Subsection 269TG(2)

Omit "Anti-Dumping Act", substitute "Dumping Duty Act".

8 Subsection 269TH(1)

Omit all the words after paragraph (b), substitute:

the Minister, if requested by the Government of the third country to do so, may, by public notice, declare that section 9 of that Act applies:

(c)
to the goods in respect of which the Minister is so satisfied; and

(d)
to like goods that were exported to Australia after the CEO made a preliminary finding under section 269TD that there were sufficient grounds for the publication of a notice under this subsection in respect of the goods referred to in paragraph (c) but before the publication of that notice.

9 Paragraph 269TH(1)(d)

Omit "preliminary finding under section 269TD that there were sufficient grounds for the publication of a notice under this subsection", substitute "preliminary affirmative determination under section 269TD".

10 Subsection 269TH(2)

Omit all the words after "Anti-Dumping Act", substitute "applies to like goods so produced or manufactured that are exported to Australia after the date of publication of the notice or such later date as is specified in the notice".

11 Subsection 269TH(2)

Omit "Anti-Dumping Act", substitute "Dumping Duty Act".

12 Subsection 269TJ(1)

Omit all the words after paragraph (b), substitute:

the Minister may, by public notice, declare that section 10 of that Act applies:

(c)
to the goods in respect of which the Minister is so satisfied; and

(d)
to like goods that were exported to Australia after the CEO made a preliminary finding under section 269TD that there were sufficient grounds for the publication of a notice under this subsection in respect of the goods referred to in paragraph (c) but before the publication of that notice.

13 Paragraph 269TJ(1)(d)

Omit "preliminary finding under section 269TD that there were sufficient grounds for the publication of a notice under this subsection", substitute "preliminary affirmative determination under section 269TD".

14 Subsection 269TJ(2)

Omit all the words after "Anti-Dumping Act", substitute "applies to like goods that are exported to Australia after the date of publication of the notice or such later date as is specified in the notice".

15 Subsection 269TJ(2)

Omit "Anti-Dumping Act", substitute "Dumping Duty Act".

16 Subsection 269TK(1)

Omit all the words after paragraph (b), substitute:

the Minister, if requested by the Government of the third country to do so, may, by public notice, declare that section 11 of that Act applies:

(c)
to the goods in respect of which the Minister is so satisfied; and

(d)
to like goods that were exported to Australia after the CEO made a preliminary finding under section 269TD that there were sufficient grounds for the publication of a notice under this subsection in respect of the goods referred to in paragraph (c) but before the publication of that notice.

17 Paragraph 269TK(1)(d)

Omit "preliminary finding under section 269TD that there were sufficient grounds for the publication of a notice under this subsection", substitute "preliminary affirmative determination under section 269TD".

18 Subsection 269TK(2)

Omit all the words after "Anti-Dumping Act", substitute "applies to like goods that are exported to Australia after the date of publication of the notice or such later date as is specified in the notice".

19 Subsection 269TK(2)

Omit "Anti-Dumping Act", substitute "Dumping Duty Act".

20 Application provisions

(1) Despite the amendments of the Customs Act 1901 (the Customs Act ) made by items 1, 2 and 3 of this Schedule, the Customs Act, as in force immediately before the day on which those items commence, continues to apply in relation to applications under subsection 269TB(1) or (2) of that Act that were made before that day as though those amendments had not been made.
(2) Any notice given by the Minister under subsection 269TG(1) or (2), 269TH(1) or (2), 269TJ(1) or (2) or 269TK(1) or (2) of the Customs Act on or after 1 January 1993 is taken to have effect, and at all times on or after 1 January 1993 to have had effect, as if it had been given under that subsection as amended and in force from time to time.


(203/98)
[ Minister's second reading speech made in—
House of Representatives on 3 December 1998
Senate on 25 March 1999 ]


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