Customs Act 1901

At any time not earlier than 60 days after the date of initiation of an investigation as to whether there are sufficient grounds for the publication of a dumping duty notice, or a countervailing duty notice, in respect of goods the subject of an application under section 269TB, the Commissioner may, if he or she is satisfied:

that there appears to be sufficient grounds for the publication of such a notice; or

that it appears that there will be sufficient grounds for the publication of such a notice subsequent to the importation into Australia of such goods;

Subject to subsection (3), in deciding whether to make such a preliminary affirmative determination, the Commissioner:

must have regard to:

the application concerned; and

any submissions concerning publication of the notice that are received by the Commissioner within 37 days after the date of initiation of the investigation; and

may have regard to any other matters that the Commissioner considers relevant.

The Commissioner is not obliged to have regard to any submission that is received by the Commissioner after the end of the period referred to in subparagraph (2)(a)(ii) if to do so would, in the Commissioner’s opinion, prevent the timely consideration of the question whether or not to make a preliminary affirmative determination.

If the Commissioner makes a preliminary affirmative determination:

the Commissioner must give public notice of that determination; and

the Commonwealth may, at the time that determination is made or at any later time during the investigation, require and take securities under section 42 in respect of interim duty that may become payable if the Commissioner is satisfied that it is necessary to do so to prevent material injury to an Australian industry occurring while the investigation continues.

If the Commonwealth decides to require and take securities under subsection (4), the Commissioner must give public notice of that decision.