Document ID: chunk:federal_register_of_legislation:C2025C00155:section:269x:p3
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 269X (pt 3/3)
Character Range: 1932523–1934899

at least the amount contended in the application—to recommend to the Minister:
 (i) that the Minister make an assessment of duty by ascertaining, for each consignment of those goods, the variable factors as so provisionally ascertained; and
 (ii) that the Minister order a repayment of the amount of interim duty overpaid; or
 (b) if satisfied that the total interim duty paid on the goods the subject of the application exceeds the total duty payable under the Dumping Duty Act but not to the extent contended in the application—to recommend to the Minister:
 (i) that the Minister make an assessment of duty by ascertaining, for each consignment of those goods, the variable factors as so provisionally ascertained; and
 (ii) that the Minister order a repayment of the amount of interim duty overpaid; or
 (c) if satisfied that the total amount of duty payable under the Dumping Duty Act on the goods the subject of the application is equal to or exceeds the total of interim duty that was paid on the goods—to recommend to the Minister:
 (i) that the Minister make an assessment of duty by ascertaining, for each consignment of those goods, the variable factors as so provisionally ascertained; but
 (ii) that the Minister order that any duty in excess of the interim duty paid on those goods be waived.
 (7) As soon as practicable, but not later than 7 days after making a decision under subsection (6), the Commissioner must:
 (a) notify the applicant, in writing, of the decision made; and
 (b) if the decision is a negative preliminary decision:
 (i) inform the applicant of the reasons why the Commissioner made the decision; and
 (ii) inform the applicant of the applicant's right, within 30 days of the receipt of the notification, to apply for a review of the Commissioner's decision by the Review Panel under Division 9.
 (8) The Commissioner must:
 (a) if he or she has made a positive preliminary decision—recommend to the Minister, not later than 7 days after making the decision, that the Minister give effect to that decision; and
 (b) if he or she has made a negative preliminary decision and the applicant has not exercised the right to seek a review of the decision by the Review Panel—recommend to the Minister, not later than 7 days after the end of the period available for seeking review of the decision, that the Minister give effect to that decision.