Document ID: chunk:federal_register_of_legislation:C2004A04498:body:0:p11
Version: federal_register_of_legislation:C2004A04498
Segment Type: other
Provision Reference: 
Character Range: 27802–30564

are entered for home consumption during an importation period; and

    (b)     interim duty is paid on those goods under the Anti-Dumping Act; and

    (c)     application is not made under section 269V of this Act for an assessment of duty payable on those goods under the Anti-Dumping Act;

then:

    (d)     the Minister is taken, for the purposes of this Act and the Anti-Dumping Act, to have ascertained each variable factor relevant to the determination of duty on each such consignment at the level at which that factor was ascertained or last ascertained by the Minister for the purpose of the dumping duty notice or countervailing duty notice; and

    (e)     the interim duty paid on those goods is taken to be the duty payable.

"Division 5—Review of interim duty

Circumstances in which review may be sought

  "269Z.(1) If:

    (a)     a dumping duty notice or a countervailing duty notice has been published in respect of goods; and

    (b)     an affected party considers that it is appropriate to review the rate of interim duty imposed on goods of that kind because one or more of the variable factors relevant to the determination of interim duty has changed;

the affected party may, by application lodged with the Comptroller, request a review of the rate of interim duty.

  "(2) If:

    (a)     a dumping duty notice or a countervailing duty notice has been published in respect of goods; and

    (b)     the Minister considers that it may be appropriate to vary the rate of interim duty because one or more of the variable factors relevant to the determination of interim duty may have changed;

the Minister may, at any time, by notice in writing, request the Comptroller to review the rate of interim duty.

"(3) An application under subsection (1) must not be made earlier than 12 months after:

    (a)     the day of publication of the dumping duty notice or countervailing duty notice to which the application relates; or

    (b)     if a review has, or reviews have, already been undertaken under subsection (1) or (2)—the day on which the Minister published the result of the last such review to be undertaken.

Application for review of interim duty by affected party

"269ZA.(1) An application under subsection 269Z(1) for review of interim duty must be in writing and contain:

    (a)     a description of the kind of goods to which the dumping duty notice or countervailing duty notice the subject of the application relates; and

    (b)     a statement of the variable factor or factors relevant to the determination of interim duty that, in the opinion of the applicant, have changed; and

    (c)     a statement of the amount by which each such factor has changed and information to establish that amount.

  "(2)