Customs Act 1901

If an application under subsection 269ZA(1) for review of anti‑dumping measures is lodged with the Commissioner, the Commissioner must, within 20 days after receiving the application:

examine the application; and

if the Commissioner is not satisfied, having regard to the application and to any other information that the Commissioner considers relevant, of one or more of the matters referred to in subsection (2)—reject the application and inform the applicant, by notice in writing, accordingly.

For the purposes of subsection (1), the matters to be considered in relation to an application are:

that the application complies with section 269ZB; and

that there appear to be reasonable grounds for asserting either, or both, of the following:

that the variable factors relevant to the taking of anti‑dumping measures have changed;

that the anti‑dumping measures are no longer warranted.

The notice informing the applicant of the rejection of the application must set out the reasons why the Commissioner was not satisfied of one or more of the matters set out in subsection (2).

If the Commissioner decides not to reject an application for review of anti‑dumping measures, the Commissioner must either:

publish a notice on the Anti‑Dumping Commission’s website indicating that it is proposed to review the measures covered by the application; or

if the Commissioner considers that the review applied for should be extended to include any additional matter—recommend to the Minister that the review be extended accordingly.

If the Commissioner is requested by the Minister to undertake a review of anti‑dumping measures, either as a result of a recommendation made to the Minister under subsection (4) or otherwise, the Commissioner must, on receipt of that request, publish a notice on the Anti‑Dumping Commission’s website indicating that it is proposed to review the measures covered by the request.

If:

the Commissioner recommends to the Minister under paragraph (4)(b) the extension of a review of anti‑dumping measures; but

the Commissioner is informed by the Minister, within 20 days after that recommendation is made, that the Minister does not require the review to be so extended;

The notice published by the Commissioner under subsection (4), (5) or (6) must:

describe the kind of goods to which the review relates; and

describe the measures to which the review relates; and

if the review will examine whether the variable factors relevant to the taking of the measures have changed—state that fact; and

if the review will examine whether the measures are no longer warranted—state that fact; and

indicate that a report will be made to the Minister:

within 155 days after the date of publication of the notice; or

within such longer period as the Minister allows under section 269ZHI; and

invite interested parties to lodge with the Commissioner, within 37 days after the date of publication of the notice, submissions concerning the review; and

state that:

within 110 days after the publication of the notice; or

such longer period as the Minister allows under section 269ZHI;

invite interested parties to lodge with the Commissioner, within 20 days of that statement being placed on the public record, submissions in response to that statement; and

indicate the address at which, or the manner in which, submissions under paragraph (d) or (f) can be lodged.