Document ID: chunk:federal_register_of_legislation:C2025C00155:section:269x:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 269X (pt 1/3)
Character Range: 1927347–1930185

269X  Consideration of duty assessment applications
 (1) The Commissioner must, as soon as practicable after the lodgment of an application for assessment of duty in respect of goods that were entered for home consumption during a particular importation period and within 155 days after the lodgement of that application or such longer period as the Minister allows under section 269ZHI, examine the application and decide what recommendation to make to the Minister under subsection (6).
Note: The Commissioner may be required to reject the application or be able to terminate the examination of it without deciding what recommendation to make to the Minister. See section 269YA.
 (2) If the Commissioner considers that any person (including the applicant) may be able to supply information relevant to the consideration of the application, the Commissioner may, by notice in writing, request the supply of that information, in writing:
 (a) if the information is sought from a person other than the applicant—within a period specified in the notice ending not later than 120 days after the lodgment of the application; and
 (b) if the information is sought from the applicant—within a period specified in the notice ending not later than 155 days after the lodgment of the application.
 (3) Where the Commissioner proposes to take into account any relevant information that was not supplied to the Commissioner by the applicant, the Commissioner must:
 (a) give the applicant a copy of the information that he or she proposes to take into account unless, in the opinion of the Commissioner, the provision of that information would adversely affect the business or commercial interests of a person supplying the information; and
 (b) invite the applicant, within a specified period ending not later than 155 days after the lodgment of the application, to make any further submission the applicant considers appropriate in relation to that information.
 (3A) However, the Commissioner must not give the applicant information that the exporter of goods covered by the application supplied to the Commissioner (whether as a result of a request under subsection (2) or otherwise) that is relevant to working out:
 (a) the normal value of the goods; or
 (b) the countervailable subsidy relating to the goods; or
 (c) the export price of the goods;
unless the exporter indicates that he or she is willing for the Commissioner to give the information to the applicant under paragraph (3)(a).
 (4) If a person refuses or fails to supply information or to make a submission within the period allowed but subsequently supplies that information or makes that submission, the Commissioner may disregard that information or submission in considering the application.
 (5) On the basis of the information and evidence contained in the application, any