Document ID: chunk:federal_register_of_legislation:C2025C00155:section:269zhf:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 269ZHF (pt 1/2)
Character Range: 1998401–2001173

269ZHF  Report on application for continuation of anti‑dumping measures
 (1) The Commissioner must, after conducting an inquiry into the continuation of anti‑dumping measures and within 155 days after the date of publication of the notice under subsection 269ZHD(4) in relation to those measures or such longer period as the Minister allows under section 269ZHI, give the Minister a report recommending:
 (a) to the extent that the measures involved the publication of a dumping duty notice or a countervailing duty notice:
 (i) that the notice remain unaltered; or
 (ii) that the notice cease to apply to a particular exporter or to a particular kind of goods; or
 (iii) that the notice have effect in relation to a particular exporter or to exporters generally, as if different variable factors had been ascertained; or
 (iv) that the notice expire on the specified expiry day; and
 (b) to the extent that the measures involved the acceptance by the Minister of an undertaking:
 (i) that the undertaking remain unaltered; or
 (ii) that the Minister seek a variation of the terms of the undertaking as indicated in the Commissioner's report; or
 (iii) that the undertaking expire on the specified expiry day.
 (2) The Commissioner must not recommend that the Minister take steps to secure the continuation of the anti‑dumping measures unless the Commissioner is satisfied that the expiration of the measures would lead, or would be likely to lead, to a continuation of, or a recurrence of, the dumping or subsidisation and the material injury that the anti‑dumping measure is intended to prevent.
 (3) Subject to subsection (4), in deciding on the recommendations to be made to the Minister in the Commissioner's report, the Commissioner:
 (a) must have regard to:
 (i) the application for continuation of the anti‑dumping measures; and
 (ii) any submission relating generally to the continuation of the measures to which the Commissioner has had regard for the purpose of formulating the statement of essential facts in relation to the continuation of those measures; and
 (iii) that statement of essential facts; and
 (iv) any submission made in response to that statement that is received by the Commissioner within 20 days after the placing of that statement on the public record; and
 (b) may have regard to any other matter that the Commissioner considers to be relevant to the inquiry.
 (4) The Commissioner is not obliged to have regard to any submission made in response to the statement of essential facts that is received after the end of the period referred to in subparagraph (3)(a)(iv) if to do so would, in the Commissioner's opinion, prevent the timely preparation of the report to the Minister.
 (5) The report to the Minister must include a statement of