Commonwealth Numbered Acts

CUSTOMS LEGISLATION (TARIFF CONCESSIONS AND ANTI-DUMPING) AMENDMENT ACT 1992 No. 89 of 1992 - SECT 18

18. After section 269TJ the following section is inserted: Concurrent dumping
and subsidy

"269TJA.(1) Where the Minister is satisfied, as to any goods that have been
exported to Australia:

   (a)  that the amount of the export price of those goods is less than the
        amount of the normal value of those goods; and

   (b)  that a subsidy has been paid in relation to those goods in the country
        of origin or the country of export of those goods; and

   (c)  that, because of the combined effect of the difference between the 2
        amounts referred to in paragraph (a) and of the subsidy referred to in
        paragraph (b):

        (i)    material injury to an Australian industry producing like goods
               has been or is being caused or is threatened; or

        (ii)   the establishment of an Australian industry producing like
               goods has been or may be materially hindered; the Minister may
               publish a notice under subsection 269TG(1), a notice under
               subsection 269TJ(1) or notices under both subsections 269TG(1)
               and 269TJ(1) at the same time in respect of the same goods.

"(2) Where the Minister is satisfied, as to goods of any kind:

   (a)  that the amount of the export price of like goods that have already
        been exported to Australia is less than the amount of the normal value
        of those goods, and the amount of the export price of like goods that
        may be exported to Australia in the future may be less than the normal
        value of the goods; and

   (b)  that a subsidy has been paid in respect of like goods that have
        already been exported to Australia and that a subsidy may be paid in
        respect of like goods that may be exported to Australia in the future;
        and

   (c)  that, because of the combined effect of the difference referred to in
        paragraph (a) and of the subsidy referred to in paragraph (b):

        (i)    material injury to an Australian industry producing like goods
               has been or is being caused or is being threatened; or

        (ii)   the establishment of an Australian industry producing like
               goods has been or may be materially hindered; the Minister may
               publish a notice under subsection 269TG(2), a notice under
               subsection 269TJ(2) or notices under both subsections 269TG(2)
               and 269TJ(2) at the same time in respect of the same goods.

"(3) If the Minister has had under consideration the export of a consignment
of goods to Australia with a view to determining whether or not notices should
be published in accordance with subsection (1) or (2), under both section
269TG and 269TJ in respect of the same goods, the Minister may suspend
consideration of the consignment under both of those sections if he or she is
given and accepts:

   (a)  an undertaking by the exporter under section 269TG, and an undertaking
        by the exporter under section 269TJ, in respect of the same goods; or

   (b)  an undertaking by the exporter under section 269TG and an undertaking
        by the government of the country of origin, or of the country of
        export, of the goods in the consignment under section 269TJ.

"(4) If, in respect of the same consignment of goods, the Minister accepts 2
undertakings from the exporter of the goods or an undertaking from the
exporter of the goods and an undertaking from the government of the country of
origin or country of export of the goods, the Minister must be satisfied that
the combined effect of the undertakings is not greater than is necessary to
prevent material injury or the recurrence of material injury to an Australian
industry producing like goods or to remove the actual or possible hindrance to
the establishment of such an Australian industry.

"(5) In this section: 'subsidy', in relation to goods, means an amount per
unit of the goods that has been paid or granted, directly or indirectly, in
the country of origin or the country of export of those goods, on the
production, manufacture, carriage or export of the goods by way of subsidy,
bounty, reduction or remission of freight or other financial assistance.".