Document ID: chunk:federal_register_of_legislation:C2025C00155:section:269teb:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 269TEB (pt 1/2)
Character Range: 1872825–1875549

269TEB  Commissioner recommendations concerning undertakings offered after preliminary affirmative determination
 (1) A person who:
 (a) if application has been made for publication of a dumping duty notice in respect of goods—is an exporter of such goods; or
 (b) if application has been made for publication of a countervailing duty notice in respect of goods—is the government of the country of export, or is an exporter, of such goods;
may, at any time after the making of a preliminary affirmative determination in respect of the application, indicate in writing to the Commissioner the terms in which the government or exporter would be prepared to give an undertaking to the Minister.
 (2) The Commissioner must consider whether he or she is satisfied that those terms are adequate to remove the injury, or the threat of injury, to which the application is addressed so far as the government or exporter offering the undertaking is concerned and, by notice in writing:
 (a) if the Commissioner is so satisfied—recommend to the Minister that he or she accept the undertaking; or
 (b) if the Commissioner is not so satisfied—indicate to the government or exporter the reasons why he or she is not so satisfied.
 (3) A government or an exporter may, having regard to those reasons, indicate to the Commissioner that the government or exporter is prepared to give an undertaking to the Minister in revised terms.
 (4) If an undertaking in revised terms is proposed to the Commissioner, the Commissioner must:
 (a) if he or she is not satisfied that the undertaking as so revised is adequate to remove the injury, or the threat of injury, to which the application is addressed—inform the government or exporter to that effect; and
 (b) if he or she is so satisfied—recommend to the Minister that the Minister accept the undertaking as revised.
 (5) If the Minister accepts the undertaking proposed by a government, investigation of the application is suspended so far as it relates to goods exported from that country.
 (6) If the Minister accepts the undertaking proposed by an exporter, investigation of the application is suspended so far as it relates to goods exported by that exporter.
 (7) If:
 (a) investigation of an application is suspended:
 (i) so far as it relates to goods exported from a particular country; or
 (ii) so far as it relates to goods exported by a particular exporter;
  on the Minister's acceptance of an undertaking proposed by the government of that country or by that exporter; and
 (b) that government or exporter breaches that undertaking;
the Minister may take such steps as he or she considers necessary to facilitate the resumption of the investigation in so far as it relates to goods