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

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

 

No. 27, 1999

 

 

 

 

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

 

 

Contents

1 Short title...................................

2 Commencement...............................

3 Schedule(s)..................................

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

 

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  Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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


 

 

Overview

The Customs Tariff (Anti-Dumping) Amendment Act (No. 1) 1999, enacted by the Parliament of Australia, was designed to amend the Customs Tariff (Anti-Dumping) Act 1975. The primary objective of this amendment was to update and refine the legal framework governing anti-dumping duties, ensuring that they align with the provisions of the Customs Act 1901. The Act aimed to streamline the process by which dumping and countervailing duties are imposed and collected on goods that are subject to anti-dumping investigations under the Customs Act. The purpose was to provide clarity and consistency in the application of these duties, thereby reinforcing Australia’s commitment to fair trade practices and protecting domestic industries from unfair competition.

Scope and Application

The Customs Tariff (Anti-Dumping) Amendment Act (No. 1) 1999 applies to the importation of goods into Australia that are subject to anti-dumping measures. It amends the Customs Tariff (Anti-Dumping) Act 1975 to modify the imposition of duties on goods that are considered to be dumped or subsidised, thereby ensuring that Australian industries and consumers are protected from unfair trading practices. The Act applies to goods that are imported into Australia and are subject to notices under specified sections of the Customs Act, which include provisions for anti-dumping and countervailing duties. The legislative changes introduced by this Act have a national jurisdictional reach, applying across Australia. It is important to note that the Act does not specify exclusions or exemptions; however, the imposition of duties is contingent upon the goods meeting the criteria of being dumped or subsidised, and the duties are calculated based on specific conditions outlined in the amended sections. The application of this Act may be further defined or extended through subordinate instruments under the Customs Act.

Key Provisions

The Customs Tariff (Anti-Dumping) Amendment Act (No. 1) 1999 amends the Customs Tariff (Anti-Dumping) Act 1975, primarily by updating references to specific sections of the Customs Act. The primary sections of the amended Act include sections 8, 9, 10, and 11, which relate to the imposition and calculation of dumping duty, third country dumping duty, countervailing duty, and third country countervailing duty, respectively (Schedule 1, items 1-9). These amendments ensure that duties are imposed and collected in accordance with the Customs Act, providing clarity and legal certainty in the application of anti-dumping measures. The Act also includes saving provisions to ensure that any duties imposed or collected prior to the amendment are considered valid under the amended legislation (Schedule 1, items 10(1)-10(3)). The Act imposes specific obligations on parties involved in the importation of goods subject to anti-dumping duties. Importers must ensure that any goods covered by notices issued under the Customs Act are subject to the appropriate duties. The Act also requires the Commissioner of Customs to collect these duties and for importers to declare the correct values and quantities of imported goods to facilitate accurate duty calculations. Additionally, the Act mandates that any countervailable subsidies received in relation to the imported goods must be disclosed and considered in the duty calculation process (Schedule 1, items 1-9). Breaches of the provisions of the Customs Tariff (Anti-Dumping) Amendment Act (No. 1) 1999 may result in both civil and criminal penalties. Civil penalties may include fines for incorrect declarations or failure to declare the correct information. Criminal penalties may apply for wilful or negligent breaches, with the potential for imprisonment. The specific penalties are not detailed within the Act itself but would be governed by the general provisions of the Customs Act 1901 and any related regulations. The severity of the penalties will depend on the nature and extent of the breach, with maximum penalties potentially being substantial, particularly for wilful or repeated offences.

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International Trade Law
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