Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p46
Version: federal_register_of_legislation:C2004A04823
Segment Type: other
Provision Reference: 
Character Range: 116381–119088

made for a dumping duty notice; and

     (b) that application has become the subject of an inquiry under subsection 7(1) by the Authority; and

     (c) during the inquiry the Authority becomes satisfied, in relation to goods the subject of the application that have been, or may be, exported to Australia from a particular country of export, that:

        (i) there has been, or may be, dumping of some or all of those goods; but

        (ii) the injury, if any, to an Australian industry or an industry in a third country that has been or may be caused by that dumping is negligible;

the Authority must terminate the inquiry so far as it relates to that country.

Authority must terminate investigation if subsidisation causes negligible injury

  "(6)  If:

  (a) application is made for a countervailing duty notice; and

     (b) that application has become the subject of an inquiry under subsection 7(1) by the Authority; and

     (c) during the inquiry, the Authority becomes satisfied, in relation to goods the subject of the application that have been, or may be, exported to Australia from a particular country of export, that:

        (i) a countervailable subsidy has been, or may be, received in respect of some or all of those goods; but

         (ii) the injury, if any, to an Australian industry or an industry in a third country has been, or may be, caused by the subsidisation is negligible;

the Authority must terminate the inquiry so far as it relates to that country.

Application of provisions of the Customs Act 1901

"(7) Subsections 269TDA(4), (5), (6), (8), (9), (10), (11), (12), (15), (16) and (17) of the Customs Act 1901 apply for the purposes of an inquiry under subsection 7(1) of this Act in the same manner as they apply for the purposes of an investigation under the Customs Act 1901 but as if:

  (a) references to the Comptroller were references to the Authority; and

     (b) the references in subsection (17) to the investigation period were references to the inquiry period.

Authority may consider recommending to the Minister whether undertaking should be accepted

"7C.(1) If a person has applied for a dumping duty notice or a countervailing duty notice in respect of goods, the government of the country of export of the goods the subject of the application or an exporter of such goods may, at any time during an inquiry under subsection 7(1), indicate in writing to the Authority the terms in which the government or exporter would be prepared to give an undertaking to the Minister.

"(2) If the terms of a proposed undertaking are given to the Authority by a government or an exporter, the Authority must, subject to subsection (3), consider those