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CUSTOMS AMENDMENT (ANTI-DUMPING IMPROVEMENTS) ACT (NO. 3) 2012 - SCHEDULE 4

Other amendments

 

Customs Act 1901

1   Subsection   269T(1) (definition of interested party )

Repeal the definition, substitute:

"interested party" , in relation to:

  (a)   an application made to the CEO under section   269TB requesting that the Minister publish a dumping duty notice or a countervailing duty notice in respect of the goods the subject of the application; or

  (b)   an application under subsection   269ZA(1), or a request under subsection   269ZA(3), for review of anti - dumping measures taken in respect of goods; or

  (d)   an application under section   269ZHB for a continuation of anti - dumping measures taken in respect of goods;

means:

  (e)   in the case of an application--the applicant; and

  (f)   a person or body representing, or representing a portion of, the industry producing, or likely to be established to produce, like goods; and

  (g)   any person who is or is likely to be directly concerned with the importation or exportation into Australia of the goods the subject of the application or request or who has been or is likely to be directly concerned with the importation or exportation into Australia of like goods; and

  (h)   any person who is or is likely to be directly concerned with the production or manufacture of the goods the subject of the application or request or of like goods that have been, or are likely to be, exported to Australia; and

  (i)   a trade organisation a majority of whose members are, or are likely to be, directly concerned with the production or manufacture of the goods the subject of the application or request or of like goods, with their importation or exportation into Australia or with both of those activities; and

  (j)   the g overnment of the country of export or country of origin:

  (i)   of goods the subject of the application or request that have been, or are likely to be, exported to Australia ; or

  (ii)   of like goods that have been, or are likely to be, exported to Australia; and

  (k)   a trade union representing one or more persons employed in the Australian industry producing, or likely to produce, like goods; and

  (l)   a person who uses the goods the subject of the application or request, or like goods, in the production or manufacture of other goods in Australia.

2   Paragraph 269TAE(2C)(c)

Before "the dumping", insert "if the determination is being made for the purposes of section   269TG or 269TH--".

3   Paragraph 269TAE(2C)(d)

Before "for each", insert "if the determination is being made for the purposes of section   269TG or 269TH--".

4   Subsection   269TDA(13) (heading)

Repeal the heading, substitute:

CEO must terminate dumping investigation if export causes negligible injury etc.

5   Paragraph 269TDA(13)(b)

Repeal the paragraph, substitute:

  (b)   in an investigation, for the purposes of the application, of goods the subject of the application that have been, or may be, exported to Australia from a particular country of export, the CEO is satisfied that the injury, if any, to an Australian industry or an industry in a third country, or the hindrance, if any, to the establishment of an Australian industry, that has been, or may be, caused by that export is negligible;

6   Paragraph 269ZJ(5)(a)

After "269ZA(1)", insert "or section   269ZHB".

7   Paragraph 269ZJ(6)(a)

After "269ZA(1)", insert "or section   269ZHB".

8   Subsection   269ZZK(6) ( paragraph   ( c) of the definition of relevant information )

After "subsection   269ZA(1)", insert "or a request under subsection   269ZA(3)".

9   Application provisions

(1 )   The amendments made by items   4 and 5 apply in relation to investigations that are initiated on or after the commencement of those items.

(2)   The amendments made by items   6 and 7 apply in relation to applications that are made on or after the commencement of those items.



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