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Customs Tariff (Anti-Dumping) Amendment
Act (No. 2) 1992

No. 206 of 1992

An Act to amend the Customs Tariff (Anti-Dumping) Act 1975, and for related purposes

[Assented to 21 December 1992]

  The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Customs Tariff (Anti-Dumping) Amendment Act (No. 2) 1992.

(2) In this Act, "Principal Act" means the Customs Tariff (Anti-Dumping) Act 19751.

Commencement

2.(1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.

(2) The remaining provisions of this Act commence on the day the provisions referred to in subsection 2(3) of the Customs Legislation (Anti-Dumping Amendments) Act 1992 commence.

Insertion of new section

3. After section 2 of the Principal Act the following section is inserted:

Interpretation

  "3. In this Act:

'relevant subsidy', in relation to goods, means a subsidy, bounty, reduction or remission of freight or other financial assistance that has been paid or granted, directly or indirectly, upon the production, manufacture, carriage or export of the goods.".

Dumping duties

  4. Section 8 of the Principal Act is amended:

    (a) by omitting subsections (3), (4), (5), (5A), (5AA), (5B) and (6) and substituting the following subsections:

     "(2) There is imposed, and there must be collected and paid, on goods to which this section applies by virtue of a notice under subsection 269TG(1) or (2) of the Customs Act, a special duty of Customs, to be known as dumping duty calculated in accordance with subsection (6).

     "(3) Pending final assessment of the dumping duty payable on goods the subject of a notice under subsection 269TG(1) or (2) of the Customs Act, an interim dumping duty is payable on those goods.

     "(4) Subject to subsection (5), the interim dumping duty payable on goods the subject of a notice under subsection 269TG(1) or (2) of the Customs Act is an amount equal to the sum of:

         (a)     the difference between the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice and the normal value of goods of that kind as so ascertained, or last so ascertained; and

         (b)     if the export price of those particular goods is lower than the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice—the amount by which the latter export price exceeds the former.

     "(5) The Minister must, by signed notice, direct that the element of interim dumping duty referred to in paragraph (4)(a) in respect of particular goods be ascertained:

    (a)     as a proportion of the export price of those particular goods or of the export price of