Document ID: chunk:federal_register_of_legislation:C2025C00155:section:269zda:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 269ZDA (pt 1/2)
Character Range: 1956167–1958903

269ZDA  Report on review of measures
 (1) The Commissioner must, after conducting a review of anti‑dumping measures and within 155 days after the date of publication of the notice under subsection 269ZC(4), (5) or (6) 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 be revoked in its application to a particular exporter or to a particular kind of goods or revoked generally; 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; 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 Minister indicate to the person who gave the undertaking that the undertaking is no longer acceptable and that the investigation of the need for a dumping duty notice or a countervailing duty notice, as the case requires, covering that person is to be resumed; or
 (iv) that the Minister indicate to the person who gave the undertaking that the person is released from the undertaking and that the investigation of the need for a dumping duty notice or countervailing duty notice covering that person is terminated.
 (1A) After conducting a review of anti‑dumping measures under this Division, the Commissioner:
 (a) must not make a revocation recommendation in relation to the measures unless a revocation review notice has been published in relation to the review; and
 (b) otherwise must make a revocation recommendation in relation to the measures, unless the Commissioner is satisfied as a result of the review that revoking the measures would lead, or be likely to lead, to a continuation of, or a recurrence of, the dumping or subsidisation and the material injury that the measures are intended to prevent.
 (2) Nothing in this section is to be taken to imply that the Commissioner cannot simultaneously make the same recommendation in relation to more than one exporter or person giving an undertaking.
 (3) Subject to subsection (4), in deciding on the recommendations to be made to the Minister in the report, the Commissioner:
 (a) must have regard to:
 (i) the application or request for review; and
 (ia) any application to extend the review that was not rejected; and
 (ib) any request to extend the review; and
 (ii) any submission