Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p37
Version: federal_register_of_legislation:C2004A04823
Segment Type: other
Provision Reference: 
Character Range: 93427–96271

2 exporters are associates of each other under subsection 269TAA(4).".

Application for accelerated review

"269ZF.(1) An application for accelerated review must be in writing, be lodged in accordance with subsection (2), and contain:

     (a) a description of the kind of goods to which the dumping duty notice or countervailing duty notice relates; and

     (b) a statement of the basis on which the exporter considers that the particular notice is inappropriate so far as the exporter is concerned.

  "(2) An application may be lodged with Customs:

     (a) by leaving it at a place allocated for lodgment of accelerated review applications; or

     (b) by posting it by pre-paid post to a postal address specified by Customs in the Gazette; or

     (c) by sending it by electronic facsimile to a number specified by Customs in the Gazette;

and the application is taken to be lodged when the application, or a facsimile of it, is first received by an officer of Customs doing duty in relation to such applications.

"(3) The day on which an application is taken to be lodged must be recorded on the application.

Consideration of application

"269ZG.(1) The Comptroller must, after considering the application and making such inquiries as the Comptroller thinks appropriate, give the Minister a report recommending:

     (a) that the dumping duty notice or countervailing duty notice the subject of the application remain unaltered; or

     (b) that the dumping duty notice or countervailing duty notice the subject of the application be altered:

        (i) so as not to apply to the applicant; or

        (ii) so as to apply to the applicant as if different variable factors had been fixed;

and set out the Comptroller's reasons for so recommending.

"(2) A report by the Comptroller under subsection (1) must be completed as soon as practicable and in any case not later than 100 days after the day the application is lodged.

"(3) After considering the recommendation of the Comptroller and the reasons for the recommendation, the Minister must, by notice in writing published in the Gazette:

     (a) declare that, for the purposes of this Act and the Anti-Dumping Act, the original dumping duty notice or countervailing duty notice is to remain unchanged; or

     (b) declare that, with effect from the date the application is lodged, this Act and the Anti-Dumping Act have effect as if:

        (i) the original dumping duty notice or countervailing duty notice had not applied to the applicant; or

        (ii) the original dumping duty notice or countervailing duty notice had applied to the applicant but the Minister had fixed specified different variable factors relevant to the determination of duty payable by the applicant;

and, where the Minister does so, the declaration has effect according to its terms.