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CUSTOMS TARIFF (ANTI-DUMPING) AMENDMENT ACT (NO. 1) 1999 NO. 27, 1999 - SCHEDULE 1

- Amendment of the Customs Tariff (Anti-Dumping) Act 1975

1 Subsection 8(2)

Repeal the subsection, substitute:

(2)
There is imposed, and there must be collected and paid, on goods:

(a)
to which this section applies by virtue of a notice under subsection 269TG(1) or (2) of the Customs Act; and

(b)
in relation to which the amount of the export price is less than the amount of the normal value;

a special duty of Customs, to be known as dumping duty, calculated in accordance with subsection (6).

2 Subsection 8(5A)

After "269TG(1) or (2)", insert "of the Customs Act".

3 Subsection 9(2)

Repeal the subsection, substitute:

(2)
There is imposed, and there must be collected and paid, on goods:

(a)
to which this section applies by virtue of a notice under subsection 269TH(1) or (2) of the Customs Act; and

(b)
in relation to which the amount of the export price is less than the amount of the normal value;

a special duty of Customs, to be known as third country dumping duty, calculated in accordance with subsection (6).

4 Subsection 9(5A)

After "269TH(1) or (2)", insert "of the Customs Act".

5 Subsection 10(1)

Repeal the subsection, substitute:

(1)
There is imposed, and there must be collected and paid, on goods:

(a)
to which this section applies by virtue of a notice under subsection 269TJ(1), (2), (4), (5) or (6) of the Customs Act; and

(b)
if the goods are goods to which this section applies by virtue of a notice under subsection 269TJ(1) or (2)—in relation to which a countervailable subsidy is received;

a special duty of Customs, to be known as countervailing duty.

6 Subsection 10(3)

After "on goods", insert "the".

7 Subsection 10(3B)

After "269TJ(1) or (2)", insert "of the Customs Act".

8 Subsection 11(1)

Repeal the subsection, substitute:

(1)
There is imposed, and there must be collected and paid, on goods:

(a)
to which this section applies by virtue of a notice under subsection 269TK(1) or (2) of the Customs Act; and

(b)
in relation to which a countervailable subsidy is received;

a special duty of Customs, to be known as third country countervailing duty, calculated in accordance with subsection (7).

9 Subsection 11(4)

After "269TK(1) or (2)", insert "of the Customs Act".

10 Saving provisions

(1) Any dumping duty imposed, and any dumping duty or interim dumping duty collected, as a result of a notice given by the Minister under subsection 269TG(1) or (2) or 269TH(1) or (2) of the Customs Act 1901 (the Customs Act ) on or after 1 January 1993 is taken, for all purposes, to have been so imposed or collected in accordance with the Customs Tariff (Anti-Dumping) Act 1975 as amended by this Act.
(2) Any countervailing duty imposed, and any countervailing duty or interim countervailing duty collected, as a result of a notice given by the Minister under subsection 269TJ(1) or (2) or 269TK(1) or (2) of the Customs Act on or after 1 January 1993 is taken, for all purposes, to have been imposed or collected in accordance with the provisions of the Customs Tariff (Anti-Dumping) Act 1975 as amended by this Act.
(3) In this item:

dumping duty and countervailing duty have the same meanings as in Part XVB of the Customs Act.


[ Minister's second reading speech made in—
House of Representatives on 3 December 1998
Senate on 25 March 1999 ]
(204/98)


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