Customs Tariff (Anti-Dumping) Amendment Act (No. 1) 1999

No. 27, 1999

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

[Assented to 14 May 1999]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Customs Tariff (Anti‑Dumping) Amendment Act (No. 1) 1999.

2 Commencement

(1) Subject to subsection (2), this Act is taken to have commenced on 1 January 1993.

(2) Items 2, 4, 6, 7 and 9 of Schedule 1 commence on the day on which this Act receives the Royal Assent.

3 Schedule(s)

Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendment of the Customs Tariff (Anti‑Dumping) Act 1975

1 Subsection 8(2)

Repeal the subsection, substitute:

(2) There is imposed, and there must be collected and paid, on goods:

(a) to which this section applies by virtue of a notice under subsection 269TG(1) or (2) of the Customs Act; and

(b) in relation to which the amount of the export price is less than the amount of the normal value;

a special duty of Customs, to be known as dumping duty, calculated in accordance with subsection (6).

2 Subsection 8(5A)

After “269TG(1) or (2)”, insert “of the Customs Act”.

3 Subsection 9(2)

Repeal the subsection, substitute:

(2) There is imposed, and there must be collected and paid, on goods:

(a) to which this section applies by virtue of a notice under subsection 269TH(1) or (2) of the Customs Act; and

(b) in relation to which the amount of the export price is less than the amount of the normal value;

a special duty of Customs, to be known as third country dumping duty, calculated in accordance with subsection (6).

4 Subsection 9(5A)

After “269TH(1) or (2)”, insert “of the Customs Act”.

5 Subsection 10(1)

Repeal the subsection, substitute:

(1) There is imposed, and there must be collected and paid, on goods:

(a) to which this section applies by virtue of a notice under subsection 269TJ(1), (2), (4), (5) or (6) of the Customs Act; and

(b) if the goods are goods to which this section applies by virtue of a notice under subsection 269TJ(1) or (2)—in relation to which a countervailable subsidy is received;

a special duty of Customs, to be known as countervailing duty.

6 Subsection 10(3)

After “on goods”, insert “the”.

7 Subsection 10(3B)

After “269TJ(1) or (2)”, insert “of the Customs Act”.

8 Subsection 11(1)

Repeal the subsection, substitute:

(1) There is imposed, and there must be collected and paid, on goods:

(a) to which this section applies by virtue of a notice under subsection 269TK(1) or (2) of the Customs Act; and

(b) in relation to which a countervailable subsidy is received;

a special duty of Customs, to be known as third country countervailing duty, calculated in accordance with subsection (7).

9 Subsection 11(4)

After “269TK(1) or (2)”, insert “of the Customs Act”.

10 Saving provisions

(1) Any dumping duty imposed, and any dumping duty or interim dumping duty collected, as a result of a notice given by the Minister under subsection 269TG(1) or (2) or 269TH(1) or (2) of the Customs Act 1901 (the Customs Act) on or after 1 January 1993 is taken, for all purposes, to have been so imposed or collected in accordance with the Customs Tariff (Anti‑Dumping) Act 1975 as amended by this Act.

(2) Any countervailing duty imposed, and any countervailing duty or interim countervailing duty collected, as a result of a notice given by the Minister under subsection 269TJ(1) or (2) or 269TK(1) or (2) of the Customs Act on or after 1 January 1993 is taken, for all purposes, to have been imposed or collected in accordance with the provisions of the Customs Tariff (Anti‑Dumping) Act 1975 as amended by this Act.

(3) In this item:

dumping duty and countervailing duty have the same meanings as in Part XVB of the Customs Act.

[Minister’s second reading speech made in—

House of Representatives on 3 December 1998

Senate on 25 March 1999]

(204/98)