Document ID: chunk:federal_register_of_legislation:C2004A04498:body:0:p9
Version: federal_register_of_legislation:C2004A04498
Segment Type: other
Provision Reference: 
Character Range: 22638–25540

period ending not later than 180 days after the lodgment of the application, to make any further submission the applicant considers appropriate in relation to that information.

"(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 Comptroller may disregard that information or submission in considering the application.

"(5) On the basis of the information contained in the application, any other information provided under subsection (2) or (3) that is not disregarded under subsection (4) and any other information the Comptroller considers relevant, the Comptroller must:

    (a)     provisionally ascertain, in relation to each consignment of goods to which the application relates, each variable factor relevant to the determination of duty payable on the goods under the Anti-Dumping Act; and

    (b)     having regard to those variable factors as so provisionally ascertained and, where appropriate, to the non-injurious price of goods of that kind—provisionally calculate, in respect of each such consignment, the amount of duty payable under the Anti-Dumping Act.

"(6) On the basis of the provisional calculation of duty referred to in paragraph (5)(b), the Comptroller must decide:

    (a) if satisfied that the total interim duty paid on the goods the subject of the application exceeds the total duty payable under the Anti-Dumping Act by 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 Anti-Dumping 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 Anti-Dumping 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