Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p36
Version: federal_register_of_legislation:C2004A04823
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to make; and

        (b) allow a reasonable opportunity for the importer of the goods to comment on the proposed decision; and

      (c) give consideration to the comment provided by the importer.";

     (b) by omitting paragraph (5)(b) and substituting the following paragraph:

        "(b) material injury has been caused to an Australian industry by the export to Australia during a short period of large quantities of goods of the same kind because a countervailable subsidy has been received from the country of export or country of origin of those goods.".

Manner of making applications for duty assessment

27. Section 269W of the Principal Act is amended by omitting subparagraph (1)(d)(i) and substituting the following subparagraph:

     "(i) the amount of the countervailable subsidy received on goods of that kind in each such consignment; and".

Insertion of new Divisions

28. After Division 5 of Part XVB of the Principal Act, the following Divisions are inserted:

"Division 6—Accelerated review of dumping duty notices or
countervailing duty notices for residual exporters

Circumstances in which accelerated review may be sought

"269ZE.(1) If a dumping duty notice or a countervailing duty notice has been published:

  (a) in respect of goods exported from a particular country of export; or

     (b) in respect of goods exported by residual exporters from a particular country of export;

a residual exporter from that country (other than such an exporter in respect of whom a declaration has already been made under subparagraph 269ZG(3)(b)(ii) in respect of a previous application) may, by application lodged with the Comptroller, request an accelerated review of that notice in so far as it affects that exporter.

  "(2) If the Comptroller is satisfied that:

     (a) because that exporter refused to co-operate, in relation to the application for publication of that notice, the exportations of that exporter were not investigated; or

     (b) the exporter is related to an exporter who was a selected exporter in relation to the application for publication of that notice;

the Comptroller may reject the application.

"(3) If, during the course of an accelerated review, the Comptroller becomes satisfied that:

  (a) the exporter is refusing to co-operate with any aspect of the review; or

     (b) the exporter is related to an exporter who was a selected exporter in relation to the application for publication of that notice;

the Comptroller may terminate the review.

"(4) For the purposes of this section, an exporter is taken to be related to another exporter who is a selected exporter if the 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