Customs Act 1901

The Commissioner must, after considering the application and making such inquiries as the Commissioner thinks appropriate, give the Minister a report recommending:

that the dumping duty notice or countervailing duty notice the subject of the application remain unaltered; or

that the dumping duty notice or countervailing duty notice the subject of the application be altered so as to apply to the applicant as if different variable factors had been fixed;

A report by the Commissioner under subsection (1) must be completed as soon as practicable and in any case not later than 100 days after the day the application is lodged.

After considering the recommendation of the Commissioner and the reasons for the recommendation, the Minister must, by notice published on the Anti‑Dumping Commission’s website:

declare that, for the purposes of this Act and the Dumping Duty Act, the original dumping duty notice or countervailing duty notice is to remain unchanged; or

declare that, with effect from the date the application is lodged, this Act and the Dumping Duty Act have effect as if the original dumping duty notice or countervailing duty notice had applied to the applicant but the Minister had fixed specified different variable factors relevant to the determination of duty;

The Minister must make a declaration under subsection (3) within:

30 days after receiving the report; or

if the Minister considers there are special circumstances that prevent the declaration being made within that period—such longer period as the Minister considers appropriate.

If paragraph (3A)(b) applies, the Minister must give public notice of the longer period.

The Minister must, as soon as practicable after the issue of a notice under subsection (3), notify the applicant of the term of the notice.