EXPLANATORY STATEMENT
CUSTOMS REGULATIONS (AMENDMENT)
STATUTORY RULES 1987 NO. 207
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR SCIENCE, CUSTOMS AND SMALL BUSINESS
The Customs Legislation (Anti-Dumping Amendments) Act 1988, together with the Anti-Dumping Authority Act 1988 and the Customs Tariff (Anti-Dumping) Amendment Act 1988 comprise a legislative package amending Australia’s anti-dumping legislation, to give effect to the Government’s response to the Review of the Customs Tariff (Anti-Dumping) Act 1975 (“the Gruen Report”), prepared by Professor F.H. Gruen.
Under the new regime, a person who believes that a manufactured product has or may be imported into Australia at an artificially low price (i.e. “dumped”) may apply to the Comptroller-General of Customs (“the Comptroller”) to have the provisions of the Customs Tariff (Anti-Dumping) Act 1975, implemented, pursuant to the new section 269TB of the Customs Act 1901 (“the Act”).
The Comptroller must consider within 55 days whether the applicant has made out a prima facie case of dumping (new section 269TC of the Act). If the Comptroller is satisfied that a prima facie case has been made out, the Comptroller must then undertake an investigation and make a preliminary finding within 120 days as to whether or not an act of “dumping” has occurred (new section 269TD of the Act).
If the Comptroller has decided against the applicant under either section 269TC or section 269TD, the applicant may lodge with the newly established Anti-Dumping Authority an application for review of the Comptroller’s decision within a period of time prescribed by the regulations (new section 269TF of the Act).
The regulation prescribes thirty days as the period of time within which a disappointed applicant may apply to the Anti-Dumping Authority to have an adverse decision of the Comptroller reviewed.
As this regulation is made under section 4 of the Acts Interpretation Act 1901, the regulation will take effect on the day the Principal Act inserting the new provisions into the Act (i.e. the Customs Legislation (Anti-Dumping Amendments) Act 1988) commences operation, which is 1 September 1988.