Customs Act 1901

If:

application has been made under section 269TB for publication of a dumping duty notice or a countervailing duty notice; and

the Commissioner has initiated an investigation in respect of the application under section 269TC;

recommends whether any such notice should be published and the extent of any duties that are, or should be, payable under the Dumping Duty Act because of that notice; and

recommends, in particular, whether the Minister ought to be satisfied as to the matters in respect of which the Minister is required to be satisfied before such a notice can be published; and

recommends, where applicable, whether the Minister ought to give notice to the exporter under subsection 269TG(3D) or to the government of the country of export or to the exporter under subsection 269TJ(2A).

The Commissioner’s report must, to the extent that it is practicable to do so, also extend to any like goods not covered by the application but imported into Australia during the period starting on the date of initiation of the investigation and ending 20 days after the statement of essential facts in respect of the investigation is placed on the public record.

Subject to subsection (4), in deciding on the recommendations to be made to the Minister in the Commissioner’s report in relation to an application under section 269TB for publication of a dumping duty notice or a countervailing duty notice, the Commissioner:

must have regard to:

the application; and

any submission concerning the publication of that notice to which the Commissioner has had regard for the purpose of formulating the statement of essential facts; and

the statement of essential facts; and

any submission made in response to that statement that is received by the Commissioner within 20 days after the placing of that statement on the public record; and

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

The Commissioner is not obliged to have regard to any submission made in response to the statement of essential facts that is received by the Commissioner after the end of the period referred to in subparagraph (3)(a)(iv) if to do so would, in the Commissioner’s opinion, prevent the timely preparation of the report to the Minister.

The report to the Minister must include a statement of the Commissioner’s reasons for any recommendation contained in the report that:

sets out the material findings of fact on which that recommendation is based; and

provides particulars of the evidence relied on to support those findings.