Dumping and Countervailing Duties Amendment Act 2006

1: Title
This Act is the Dumping and Countervailing Duties Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Dumping and Countervailing Duties Act 1988
4: Interpretation
1: Section 3(1) day sections 14(2), 17, and 17B(4) .
2: Subsection (1)
5: Anti-dumping and countervailing duties
Section 14(1) section 17 of this Act section 17, 17A, or 17B
6: New sections 17 to 17B substituted
1: Section 17
17: Date on and from which duty payable
The date on and from which anti-dumping duty or countervailing duty is payable or must be secured is—
a: for a provisional direction under section 16(1) or (2)
b: for a final determination under section 13(1)
i: the day after the date of that determination; or
ii: a specified day after the day in subparagraph (i)
c: for a reassessment determination under section 14(6)
i: the day after the date of that reassessment determination; or
ii: a specified day after the day in subparagraph (i)
17A: Duty may be levied retrospectively to cover period of provisional measures if certain conditions met
1: This section applies if the Minister makes a provisional direction and later makes a final determination on the grounds of—
a: material injury to an industry; or
b: a threat of material injury where there would have been material injury if there had not been provisional measures.
2: The Minister may impose anti-dumping duty or countervailing duty retrospectively for all or part of the period covered by the earlier provisional direction.
3: This section overrides section 17
17B: Duty may be levied retrospectively to cover period of up to 60 days before provisional measures if certain conditions met
1: This section applies if the Minister determines that it is necessary to impose retrospective anti-dumping duty or countervailing duty to preclude recurrence of material injury and the Minister determines either of the following:
a: for dumped goods,—
i: either that—
A: there is a history of dumping causing material injury; or
B: the importer was or should have been aware that the goods were dumped and that the dumping would cause material injury; and
ii: material injury has been caused by substantial dumped imports of the goods in a relatively short period; or
b: for subsidised goods, critical circumstances apply and there have been massive imports in a relatively short period of goods that—
i: benefit from export subsidies paid or bestowed inconsistently with the WTO Agreement; and
ii: have caused material injury that is difficult to repair.
2: The Minister may impose duty retrospectively for all or part of the 60-day period before the application of the provisional direction.
3: If the exporter or the Government of the country of export violates an undertaking under section 15 section 16
4: If the period in subsection (2) or (3)
a: in the period beginning with 25 December in any year and ending with 15 January in the following year; and
b: in the period in subsection (2) or (3)
5: No retrospective duty may be imposed under subsection (3)
6: This section overrides section 17
2: Paragraph (c) duty or 17 17, 17A, or 17B
7: Third country anti-dumping and countervailing duties
Section 18 and 17 17, 17A, and 17B