Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p44
Version: federal_register_of_legislation:C2004A04823
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facts placed on the public record under subsection 23A(8); and

            (ii) that is received by the Authority within 7 days after placing the statement on the record; but

        (b) may disregard any submission received more than 7 days after placing the statement on the record.".

Insertion of new sections

34. After section 7 of the Principal Act the following sections are inserted:

Review of termination decision under section 269TDA of the Customs Act 1901

  "7A.(1) If:

     (a) the Comptroller has decided under section 269TDA of the Customs Act 1901 to terminate an investigation so far as it relates to a particular exporter or country of export; and

  (b) the decision has been referred to the Authority for review;

the Authority must, within 60 days after the decision is referred to it:

  (c) confirm the decision; or

  (d) reject the decision and substitute a finding to the effect:

        (i) that there are sufficient grounds for the publication of a notice applied for in respect of the goods the subject of the application; or

         (ii) that there will be sufficient grounds for such publication subsequent to the importation into Australia of such goods; or

  (e) reject the decision and remit the investigation to the Comptroller.

  "(2) The Authority must:

     (a) give public notice of the decision made by the Authority on a review under this section; and

     (b) give written notice of the decision to the Comptroller and the exporter concerned.

"(3) In conducting a review under this section, the Authority must not have regard to any information that was unavailable to the Comptroller at the time the Comptroller made the decision to terminate the investigation.

Termination of inquiry by Authority

Authority must terminate inquiry if all dumping margins are negligible

   "7B.(1) If:

  (a) application has been 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) so far as that inquiry relates to an exporter to Australia of goods the subject of the application, the Authority is satisfied that:

        (i) there has been no dumping by the exporter of any of those goods; or

        (ii) there has been dumping by the exporter of some or all of those goods but the dumping margin for the exporter, or each such dumping margin, worked out under section 269TACB of the Customs Act 1901, when expressed as a percentage of the export price or weighted average of export prices used to establish that dumping margin, is less than 2%;

the Authority must recommend to the Minister that the inquiry be terminated so far as the exporter is concerned.

Authority must terminate if countervailable subsidisation is negligible

  "(2) If:

  (a)