Commonwealth Numbered Acts

CUSTOMS LEGISLATION (ANTI-DUMPING AMENDMENTS) ACT 1992 No. 207 of 1992 - SECT 4

4. Section 269T of the Principal Act is amended:
(a) by omitting the definitions of "countervailing duty" and "anti-dumping
duty" from subsection (1) and substituting the following definitions:

"'countervailing duty' means duty, other than interim countervailing duty:

   (a)  that is payable on goods under section 10 of the Anti-Dumping Act
        because of a declaration under subsection 269TJ(1) or (2) of this Act;
        or

   (b)  that is payable on goods under section 11 of the Anti-Dumping Act;
'dumping duty' means duty, other than interim dumping duty, that is payable on
goods under section 8 or 9 of the Anti-Dumping Act;";

   (b)  by inserting in subsection (1) the following definitions:

"'affected party', in relation to an application under section 269Z requesting
that the Minister review the rate of interim duty imposed on particular goods,
means:

   (a)  a person who is directly concerned with the exportation to Australia
        of the goods the subject of the application or who has been directly
        concerned with the exportation to Australia of like goods; or

   (b)  a person who is directly concerned with the importation into Australia
        of the goods the subject of the application or who has been directly
        concerned with the importation into Australia of like goods; or

   (c)  a person representing, or representing a portion of, the Australian
        industry producing like goods; or

   (d)  the Government of a country from which like goods have been exported
        to Australia;
'importation period', in relation to goods that have been the subject of a
dumping duty notice or a countervailing duty notice means:

   (a)  in respect of goods covered by a retrospective notice-the period
        beginning on the day of entry for home consumption of the first
        consignment of goods to which the retrospective notice applied and
        ending immediately before the day of publication of the notice; and

   (b)  in respect of goods covered by a prospective notice:

        (i)    the period of 6 months beginning on the day of publication of
               the prospective notice; and

        (ii)   each successive period of 6 months;
'interim countervailing duty' means duty imposed under subsection 10(3B) or
11(4) of the Anti-Dumping Act;
'interim dumping duty' means duty imposed under subsection 8(5) and, where
applicable, paragraph 8(4)(b) of the Anti-Dumping Act or under subsection 9(5)
and, where applicable, paragraph 9(4)(b) of that Act;
'interim duty' means interim dumping duty or interim countervailing duty;
'negative preliminary decision' means a decision of the kind referred to in
paragraph 269X(6)(b) or (c);
'positive preliminary decision' means a decision of the kind referred to in
paragraph 269X(6)(a);
'prospective notice' means a notice issued under subsection 269TG(2),
269TH(2), 269TJ(2) or 269TK(2);
'retrospective notice' means a notice issued under subsection 269TG(1),
269TH(1), 269TJ(1) or 269TK(1).";

   (c)  by inserting after subsection (4C) the following subsections:

"(4D) In this Act, a reference to variable factors relevant to the
determination of duty payable under the Anti-Dumping Act on particular goods
the subject of a dumping duty notice or a countervailing duty notice is a
reference:

   (a)  if the goods are the subject of a dumping duty notice-to the normal
        value and export price of the goods; and

   (b)  if the goods are the subject of a countervailing duty notice:

        (i)    to the amount of subsidy, bounty, reduction or remission of
               freight or other financial assistance paid or granted on the
               production, manufacture, carriage or export of the goods; and

        (ii)   to the export price of the goods.

"(4E) In this Act, a reference to variable factors relevant to the
determination of interim duty payable on goods the subject of a dumping duty
notice or a countervailing duty notice is a reference:

   (a)  if the goods are the subject of a dumping duty notice-to the normal
        value, export price and non-injurious price of goods of that kind as
        ascertained, or last ascertained, by the Minister for the purpose of
        the notice; and

   (b)  if the goods are the subject of a countervailing duty notice:

        (i)    to the amount of subsidy, bounty, reduction or remission of
               freight or other financial assistance paid or granted on the
               production, manufacture, carriage or export of the goods; and

        (ii)   to the non-injurious price of the goods; as ascertained, or
               last ascertained, by the Minister for the purpose of the
               notice.".