Document ID: chunk:federal_register_of_legislation:C2025C00155:section:269tb:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 269TB (pt 1/2)
Character Range: 1831136–1833910

269TB  Application for action under Dumping Duty Act
 (1) Where:
 (a) a consignment of goods:
 (i) has been imported into Australia;
 (ii) is likely to be imported into Australia; or
 (iii) may be imported into Australia, being like goods to goods to which subparagraph (i) or (ii) applies;
 (b) there is, or may be established, an Australian industry producing like goods; and
 (c) a person believes that there are, or may be, reasonable grounds for the publication of a dumping duty notice or a countervailing duty notice in respect of the goods in the consignment;
that person may, by application in writing lodged with the Commissioner, request that the Minister publish that notice in respect of the goods in the consignment.
 (2) Where:
 (a) a consignment of goods produced or manufactured in a country other than Australia:
 (i) has been imported into Australia;
 (ii) is likely to be imported into Australia; or
 (iii) may be imported into Australia, being like goods to goods to which subparagraph (i) or (ii) applies; and
 (b) there is, in a third country, an industry that produces or manufactures like goods for export to Australia; and
 (c) the Government of that third country believes that there are, or may be, reasonable grounds for the publication of a dumping duty notice or a countervailing duty notice in respect of the goods in the consignment;
the Government of that third country may, by application in writing lodged with the Commissioner, request that the Minister publish that notice in respect of the goods in the consignment.
 (2A) During the period after receiving an application for a dumping duty notice and before giving public notice under subsection 269TC(4) of a decision not to reject the application, the Commissioner must notify the government of the country, or of each country, whose exporters are nominated in the application.
 (2B) During the period after receiving an application for a countervailing duty notice and before giving public notice under subsection 269TC(4) of a decision not to reject the application, the Commissioner must notify:
 (a) the government of the country, or of each country, whose exporters are nominated in the application; and
 (b) the government of any other country from which countervailable subsidies are alleged to have been received.
 (2C) A notification by the Commissioner under subsection (2B) must include an invitation to consult with the Commissioner in relation to whether:
 (a) any countervailable subsidies exist; and
 (b) any such subsidies, if found to exist, are causing or are likely to cause material injury of a kind referred to in paragraph 269TJ(1)(b) or 269TK(1)(b);
with the aim of arriving at a mutually agreed solution.
 (3) An applicant may, at any time before the Minister