Customs Act 1901

If the Commissioner publishes a notice under subsection 269ZHD(4) concerning the continuation of anti‑dumping measures, he or she must, within 110 days after the publication of the notice or such longer period as the Minister allows under section 269ZHI, ensure that there is placed on the public record a statement of the facts (the statement of essential facts) on which the Commissioner proposes to base his or her recommendation to the Minister concerning the continuation of those measures.

Subject to subsection (3), in formulating the statement of essential facts, the Commissioner:

must have regard to:

the application concerned; and

any submissions relating generally to the inquiry that are received by the Commissioner within 37 days after the publication of the notice under subsection 269ZHD(4); and

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

The Commissioner is not obliged to have regard to any submissions relating generally to the inquiry that are 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 placement of the statement of essential facts on the public record.