CUSTOMS TARIFF (ANTI-DUMPING) AMENDMENT BILL (NO. 1) 2012

i Customs Tariff (Anti-dumping) Amendment Bill (No. 1) 2012 No. , 2012

Contents

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Schedule(s)

........................................................................................

Schedule 1--Amendments

Customs Tariff (Anti-Dumping) Act 1975

Customs Tariff (Anti-dumping) Amendment Bill (No. 1) 2012 No. , 2012 1

A Bill for an Act to amend the Customs Tariff

(Anti-Dumping) Act 1975, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Customs Tariff (Anti-Dumping)

Amendment Act (No. 1) 2012.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Customs Tariff (Anti-dumping) Amendment Bill (No. 1) 2012 No. , 2012

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1

At the same time as Schedule 1 to the

Customs Amendment (Anti-dumping

Improvements) Act (No. 2) 2012

commences.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedule(s)

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repealed as set out in the applicable items in the Schedule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.

Amendments Schedule 1

Customs Tariff (Anti-dumping) Amendment Bill (No. 1) 2012 No. , 2012 3

Schedule 1--Amendments

Customs Tariff (Anti-Dumping) Act 1975

1 Subsections 8(4) to (5B)

Repeal the subsections, substitute:

Calculation of interim dumping duty

(5) The Minister must, by signed notice, determine that 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

worked out in accordance with a method specified in that signed

notice. That method must be one of the methods referred to in

subsection (5BB).

Notice has effect accordingly

(5A) A notice under subsection (5) has effect accordingly.

Principles to be followed in specifying method of calculation

(5B)

If:

(a) the Minister is required to perform the function under

subsection (5) in respect of goods the subject of a notice

under subsection 269TG(1) or (2) of the Customs Act; and

(b) the non-injurious price of goods of that kind as ascertained,

or last ascertained, by the Minister for the purpose of the

notice is less than the normal value of goods of that kind as

so ascertained, or last so ascertained;

the Minister must, in performing that function, have regard to the

desirability of specifying a method such that the sum of the

following does not exceed that non-injurious price:

so ascertained;

(d) the interim dumping duty payable on the goods the subject of

the notice.

(5BA)

If:

Schedule 1 Amendments

4 Customs Tariff (Anti-dumping) Amendment Bill (No. 1) 2012 No. , 2012

(a) the Minister is required to perform the function under

subsection (5) in respect of goods the subject of a notice

under subsection 269TG(1) or (2) of the Customs Act; and

(b) in respect of the same goods and at the same time as that

notice was published, a notice under section 269TJ of that

Act was also published;

the Minister must, in performing that function, have regard to the

desirability of specifying a method such that the sum of the

following does not exceed the non-injurious price of goods of that

kind as ascertained, or last ascertained, by the Minister for the

purpose of those notices:

so ascertained;

(d) the interim dumping duty payable on the goods the subject of

the notice under subsection 269TG(1) or (2) of the Customs

Act;

(e) the interim countervailing duty payable under section 10 on

the goods the subject of the notice under section 269TJ of

that Act.

Methods available for calculating interim dumping duty

(5BB) The regulations must prescribe the methods for working out the

amount of interim dumping duty payable on goods the subject of

notices under subsection 269TG(1) or (2) of the Customs Act.

(5BC) Those methods must refer to one or more of the following matters:

(a) the export price of the goods the subject of the notice under

subsection 269TG(1) or (2) of the Customs Act;

(b) the export price of goods of that kind as ascertained, or last

ascertained, by the Minister for the purpose of the notice;

(d) the non-injurious price of goods of that kind as ascertained,

or last ascertained, by the Minister for the purpose of the

notice.

(5BD) Those methods may refer to a matter mentioned in

paragraph (5BC)(a) as ascertained by the Minister.

(5BE) Subsection (5BC) does not limit the matters that may be referred to

in those methods.

Amendments Schedule 1

Customs Tariff (Anti-dumping) Amendment Bill (No. 1) 2012 No. , 2012 5

2 Before subsection 8(5C)

Insert:

Publication of interim dumping duty notice

3 Before subsection 8(5D)

Insert:

Application of interim dumping duty notice

4 Before subsection 8(6)

Insert:

Calculation of final dumping duty

5 Paragraph 8(6)(b)

Repeal the paragraph, substitute:

(b) if the interim dumping duty payable on those particular goods

is ascertained by reference to the non-injurious price of goods

of that kind as ascertained, or last ascertained, by the

Minister for the purpose of the notice--the difference

between:

(i) the amount that the Minister ascertains to be the export

price of those particular goods; and

(ii) the lower of the amount that the Minister ascertains to

be the normal value of those particular goods and that

non-injurious price.

6 Before subsection 8(7)

Insert:

Exemptions

7 Before subsection 8(9)

Insert:

Interpretation

8 Subsections 9(4) to (5A)

Repeal the subsections, substitute:

Schedule 1 Amendments

6 Customs Tariff (Anti-dumping) Amendment Bill (No. 1) 2012 No. , 2012

Calculation of interim third country dumping duty

(5) The Minister must, by signed notice, determine that the interim

third country dumping duty payable on goods the subject of a

notice under subsection 269TH(1) or (2) of the Customs Act is an

amount worked out in accordance with a method specified in that

signed notice. That method must be one of the methods referred to

in subsection (5AB).

Notice has effect accordingly

(5A) A notice under subsection (5) has effect accordingly.

Principle to be followed in specifying method of calculation

(5AA)

If:

(a) the Minister is required to perform the function under

subsection (5) in respect of goods the subject of a notice

under subsection 269TH(1) or (2) of the Customs Act; and

(b) the non-injurious price of goods of that kind as ascertained,

or last ascertained, by the Minister for the purpose of the

notice is less than the normal value of goods of that kind as

so ascertained, or last so ascertained;

the Minister must, in performing that function, have regard to the

desirability of specifying a method such that the sum of the

following does not exceed that non-injurious price:

so ascertained;

(d) the interim third country dumping duty payable on the goods

the subject of the notice.

Methods available for calculating interim third country dumping

duty

(5AB) The regulations must prescribe the methods for working out the

amount of interim third country dumping duty payable on goods

the subject of notices under subsection 269TH(1) or (2) of the

Customs Act.

(5AC) Those methods must refer to one or more of the following matters:

(a) the export price of the goods the subject of the notice under

subsection 269TH(1) or (2) of the Customs Act;

Amendments Schedule 1

Customs Tariff (Anti-dumping) Amendment Bill (No. 1) 2012 No. , 2012 7

(b) the export price of goods of that kind as ascertained, or last

ascertained, by the Minister for the purpose of the notice;

(d) the non-injurious price of goods of that kind as ascertained,

or last ascertained, by the Minister for the purpose of the

notice.

(5AD) Those methods may refer to a matter mentioned in

paragraph (5AC)(a) as ascertained by the Minister.

(5AE) Subsection (5AC) does not limit the matters that may be referred to

in those methods.

9 Before subsection 9(5B)

Insert:

Publication of interim third country dumping duty notice

10 Before subsection 9(5C)

Insert:

Application of interim third country dumping duty notice

11 Before subsection 9(6)

Insert:

Calculation of final third country dumping duty

12 Paragraph 9(6)(b)

Repeal the paragraph, substitute:

(b) if the interim third country dumping duty payable on those

particular goods is ascertained by reference to the

non-injurious price of goods of that kind as ascertained, or

last ascertained, by the Minister for the purpose of the

notice--the difference between:

(i) the amount that the Minister ascertains to be the export

price of those particular goods; and

(ii) the lower of the amount that the Minister ascertains to

be the normal value of those particular goods and that

non-injurious price.

Schedule 1 Amendments

8 Customs Tariff (Anti-dumping) Amendment Bill (No. 1) 2012 No. , 2012

13 Before subsection 9(7)

Insert:

Exemptions

14 Paragraph 10(1)(a)

Omit "subsection 269TJ(1), (2), (4), (5) or (6)", substitute "subsection

269TJ(1) or (2)".

15 Paragraph 10(1)(b)

Omit "if the goods are goods to which this section applies by virtue of a

notice under subsection 269TJ(1) or (2)--".

16 Paragraph 10(3C)(b)

Repeal the paragraph, substitute:

(b) the export price of goods of that kind as so ascertained, or

last so ascertained;

17 Subsection 10(3C)

Omit "such that the sum of the export price of those particular goods",

substitute "such that the sum of that export price".

18 Paragraph 10(3D)(a)

Repeal the paragraph, substitute:

(a) the export price of goods of that kind, as ascertained, or last

ascertained, by the Minister for the purpose of those notices;

and

19 Paragraph 11(5)(b)

Repeal the paragraph, substitute:

(b) the export price of goods of that kind as so ascertained, or

last so ascertained;

20 Subsection 11(5)

Omit "such that the sum of the export price of those particular goods",

substitute "such that the sum of that export price".

21 At the end of the Act

Add:

Amendments Schedule 1

Customs Tariff (Anti-dumping) Amendment Bill (No. 1) 2012 No. , 2012 9

22 Regulations

The Governor-General may make regulations prescribing matters

required or permitted by this Act to be prescribed.

22 Saving and transitional provisions

(1)

The amendments made by this Schedule do not affect the validity of a

notice (an old notice) given under subsection 8(5) or 9(5) of the

Customs Tariff (Anti-Dumping) Act 1975 before the commencement of

this item.

(2)

However, subitem (1) does not prevent:

(a) an old notice being revoked on or after the commencement of

this item in accordance with subsection 33(3) of the Acts

Interpretation Act 1901; and

(b)

either:

(i) a notice being given under subsection 8(5) of the

Customs Tariff (Anti-Dumping) Act 1975, as amended

by this Act, on or after that commencement in respect of

a notice given under subsection 269TG(1) or (2) of the

Customs Act 1901 before that commencement; or

(ii) a notice being given under subsection 9(5) of the

Customs Tariff (Anti-Dumping) Act 1975, as amended

by this Act, on or after that commencement in respect of

a notice given under subsection 269TH(1) or (2) of the

Customs Act 1901 before that commencement.

Commonwealth of Australia Bills

CUSTOMS TARIFF (ANTI-DUMPING) AMENDMENT BILL (NO. 1) 2012