Commonwealth Numbered Acts

Customs Tariff (Anti-Dumping) Amendment (Countervailing Duties) Act 1982 No. 68 of 1982 - SECT 2

2. Section 10 of the Principal Act is amended-

   (a)  by inserting after sub-section (2A) the following sub-sections:

''(2B) Notwithstanding section 14, where the Minister is satisfied that-

   (a)  under the law of a country other than Australia there are imposed on
        goods of a particular kind that are exported from Australia to that
        country special duties of customs in the nature of countervailing
        duties;

   (b)  those duties are imposed because it is alleged that there is paid or
        granted, directly or indirectly, upon the production, manufacture,
        carriage or export of goods of that kind a subsidy, bounty, reduction
        or remission of freight or other financial assistance; and

   (c)  those duties are imposed without regard to, or without proper regard
        to, whether or not material injury to an industry in that country has
        been or is being caused or is threatened, or the establishment of an
        industry in that country has been or may be materially hindered, by
        reason of the payment or grant of that subsidy, bounty, reduction or
        remission of freight or other financial assistance,

the Minister may, by notice published in the Gazette, declare that this
section applies to goods specified in the notice-

   (d)  that are exported from that country to Australia after the date of
        publication of the notice or, if a later date is specified in the
        notice, that later date; and

   (e)  upon the production, manufacture, carriage or export of which there is
        paid or granted, directly or indirectly, a subsidy, bounty, reduction
        or remission of freight or other financial assistance.

''(2C) Notwithstanding section 14, where the Minister is satisfied that-

   (a)  under the law of a country other than Australia there are imposed on
        goods of a particular kind that are exported from Australia to that
        country special duties of customs in the nature of countervailing
        duties;

   (b)  those duties are imposed because it is alleged that-

        (i)    prescribed assistance is paid or granted, directly or
               indirectly, in relation to goods of that kind that are exported
               from Australia to that country; and

        (ii)   material injury to an industry in that country has been or is
               being caused or is threatened, or the establishment of an
               industry in that country has been or may be materially
               hindered, by reason of the payment or grant of that prescribed
               assistance; and

   (c)  prescribed assistance of the same kind as, or a substantially similar
        kind to, the prescribed assistance by reason of which the duties
        referred to in paragraph (a) were imposed has been paid or granted in
        relation to goods exported from that country to Australia and material
        injury to an Australian industry has been or is being caused or is
        threatened, or the establishment of an Australian industry has been or
        may be materially hindered, by reason of the payment or grant of that
        prescribed assistance,

the Minister may, by notice published in the Gazette, declare that this
section applies to goods specified in the notice, being goods of a kind
mentioned in paragraph (c)-

   (d)  that are exported from that country to Australia after the date of
        publication of the notice or, if a later date is specified in the
        notice, that later date; and

   (e)  in relation to which there is paid or granted prescribed assistance of
        a kind specified in the notice, being prescribed assistance of the
        same kind as, or a substantially similar kind to, the prescribed
        assistance by reason of which the duties referred to in paragraph (a)
        were imposed.

''(2D) Notwithstanding section 14, where the Minister is satisfied that-

   (a)  under the law of a country other than Australia there are imposed on
        goods of a particular kind that are exported from Australia to that
        country special duties of customs in the nature of countervailing
        duties;

   (b)  those duties are imposed because it is alleged that prescribed
        assistance is paid or granted, directly or indirectly, in relation to
        goods of that kind that are exported from Australia to that country;
        and

   (c)  those duties are imposed without regard to, or without proper regard
        to, whether or not material injury to an industry in that country has
        been or is being caused or is threatened, or the establishment of an
        industry in that country has been or may be materially hindered, by
        reason of the payment or grant of that prescribed assistance,

the Minister may, by notice published in the Gazette, declare that this
section applies to goods specified in the notice-

   (d)  that are exported from that country to Australia after the date of
        publication of the notice or, if a later date is specified in the
        notice, that later date; and

   (e)  in relation to which there is paid or granted prescribed assistance of
        a kind specified in the notice, being prescribed assistance of the
        same kind as, or a substantially similar kind to, the prescribed
        assistance by reason of which the duties referred to in paragraph (a)
        were imposed.

''(2E) A reference in this section to prescribed assistance in relation to
goods is a reference to any assistance, incentive, exemption, privilege or
benefit (whether financial or otherwise) in relation to goods other than the
payment or grant of a subsidy, bounty, reduction or remission of freight or
other financial assistance on the production, manufacture, carriage or export
of the goods.'';

   (b)  by omitting sub-section (4) and substituting the following
        sub-section:

''(4) Subject to sub-section (5), the countervailing duty in respect of goods
is-

   (a)  in the case of countervailing duty in respect of goods to which this
        section applies by virtue of sub-section (1), (2) or (2B)-a sum equal
        to the amount of the subsidy, bounty, reduction or remission of
        freight or other financial assistance that has been paid or granted,
        directly or indirectly, upon the production, manufacture, carriage or
        export of the goods; or

   (b)  in the case of countervailing duty in respect of goods to which this
        section applies by virtue of sub-section (2C) or (2D), a sum equal to-

        (i)    if the prescribed assistance that has been paid or granted,
               directly or indirectly, in relation to the goods was financial
               assistance-the amount of that financial assistance; or

        (ii)   if the prescribed assistance that has been granted, directly or
               indirectly, in relation to the goods was not financial
               assistance, whichever of the following is determined by the
               Minister to be appropriate:

                (A)  the cost of granting that assistance;

                (B)  the value of that assistance to the person to whom it was
                     granted.'';

   (c)  by inserting in sub-section (7) ''in a case to which paragraph (4) (a)
applies'' after ''satisfied''; and

   (d)  by inserting after sub-section (7) the following sub-section:

''(7A) If the Minister is satisfied in a case to which paragraph (4) (b)
applies that adequate information as to the amount, cost or value of the
prescribed assistance in relation to goods cannot be obtained, the amount,
cost or value of that prescribed assistance shall, for the purpose of this
section, be such as is determined, in writing, by the Minister.''.