. /.  WORLD TRADE  
ORGANIZATION   
G/ADP/Q1/AUS/13 
G/SCM/Q1/AUS/13 19 October 2012 
 
(12-5689) 
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Original:   English 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS 
 
Replies to Questions Posed by the EUROPEAN UNION1 Regarding 
the Notifications of AUSTRALIA2 
   The following communication, dated 17 October 2012, is being circulated at the request of the Delegation of Australia. 
 
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G/SCM/N/1/AUS/2/Suppl.2 
 
 Under the section:  Schedule 1 - Amendmen t of the Customs Act 1901, point 8: After 
section 269TL.  Question   
 The text refers on several occasions to 'special circumstances' such as in 
Section 269TLA(2)(b).  What exactly do  these special circumstances consist of? 
 
Reply 
  Paragraph 269TLA(2)(b provides that the Minister must: 
 
 decide whether or not to publish a dumping duty notice or a countervailing duty notice, or 
both a dumping duty notice and a countervailing duty notice, in respect of the goods; 
 
 within 30 days of receiving a recommendati on from the CEO concerning the imposition of 
dumping duty, third country dumping duty,  countervailing duty or third country 
countervailing duty on goods;  except 
 
o if the Minister considers there are special circumstances that prevent the 
decision being made within that peri od—such longer period as the Minister 
considers appropriate. 
 
 The term ‘special circumstances’ refers to ex tenuating circumstances that would, but for those 
circumstances, require the Minister to make a d ecision or undertake an action within 30 days of 
                                                      
1 G/ADP/Q1/AUS/10-G/SCM/Q1/AUS/10.    
2 G/SCM/N/1/AUS/2/Suppl.2 and G/SCM/N/1/AUS/2/Suppl.3.   G/ADP/Q1/AUS/13 
G/SCM/Q1/AUS/13 Page 2 
 
 
  receiving a recommendation or a relevant report from the Chief Executive Officer (CEO) of the 
Australian Customs and Border Protection Service or the Trade Measures Review Officer (TMRO).   The phrase ‘special circumstances’ is used in this context in a number of provisions in the 
Customs Act 1901 (Customs Act) as amended by the Customs Amendment (Anti-dumping 
Improvements) Act 2011 , namely: 
 
 paragraph 269TLA(2)(b); 
 paragraph 269ZDB(1)(b); 
 paragraph 269ZG(3A)(b); 
 paragraph 269ZZL(2A)(b);  and 
 paragraph 269ZZM(1A)(b). 
 
 It is not proposed that we further define what  is meant by the phrase ‘special circumstances’ 
as the circumstances which could arise, requiring the Minister to extend the 30 day period, would be highly contextualised to the circumstances and the decision involved.  To define the circumstances 
beyond stating that they are circumstances that, in the Minister’s opinion prevent the decision being 
made within the 30 day period could limit the discretion of the Minister.  
G/SCM/N/1/AUS/2/Suppl.3 
 
 Under the section:  Schedule 1 - Amendm ent of the Customs Act 1901, 269ZCB Content 
and lodgement of application to extend a rev iew of anti-dumping measures to include 
revocation.  Question  
 
 Subsection 269ZCB(2) speaks of 'matters that can be required by the approved form'. Please specify the matters that can be required. 
 
Reply 
 
 The matters that are currently required by the approved form, ‘Application for 
review/revocation of measures:  Application to Extend a Review of Anti-Dumping Measures (B1215)’, include whether the application relates to  a particular exporter, exporters generally, the 
applicant’s interest as an interested party, a nd evidence that there are reasonable grounds for 
determining the measures are no longer warranted. 
 
 The reference to 'matters that can be requir ed by the approved form' in subsection 269ZCB(2) 
does not limit the matters that can be required by  the approved form B1215, though this provision 
does require the approved form to include ‘evidence of the circumstances that in the applicant’s view 
indicate that the anti-dumping measures are no longer warranted’.  
 
 
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