Commonwealth of australia

Customs Act 1901

Instrument of Approval No. TMRO 1999/2

Approval of form for application for review of a decision to reject an application for the publication of a dumping duty notice or a countervailing duty notice

I, Geoffrey Arthur Hine, a person acting in the office of Trade Measures Review Officer, approve, under subsection 269ZXA of the Customs Act 1901, the form set out in the Schedule as the form for applying for review of a decision referred to in paragraph 269ZZN (a) of that Act (that is, a decision to reject an application for the publication of a dumping duty notice or a countervailing duty notice).

Dated 1 April 1999.

G. A. Hine

SCHEDULE

APPLICATION TO

TRADE MEASURES REVIEW OFFICER

FOR REVIEW OF A DECISION TO

REJECT AN APPLICATION FOR THE PUBLICATION OF A DUMPING DUTY NOTICE OR A COUNTERVAILING DUTY NOTICE

DECLARATION

I hereby request, in accordance with Section 269ZZN of the Customs Act 1901, that the Trade Measures Review Officer review a decision by the Chief Executive Officer of the Australian Customs Service to reject an application for the publication of:

  a dumping notice(s); or

  a countervailing duty notice(s)

in respect of the goods which are the subject of this application.

I believe that the information contained in the application:

• provides reasonable grounds for a review to be undertaken; and
• is complete and correct to the best of my knowledge and belief.

Signature:….………………………………………………………………………..

Name:…………………………………….…………………………………………

Position:……….…………………………………………………………………….

Company:......………..……………………………………………………….........

Date:            /            /

NOTE: This page must be completed by the applicant and attached to the front of the application.

 Parties engaging a consultant or adviser to act on their behalf should enclose a copy of the authorisation for the consultant/adviser.

REVIEWABLE DECISIONS

Division 9 of Part XVB of the Customs Act 1901 (the Act) deals with reviews by the Trade Measures Review Officer (the Review Officer).  Intending applicants should familiarise themselves with the relevant sections of the Act, and should also examine the explanatory brochure produced by the Trade Measures Review Secretariat.

The role of the Review Officer is to review certain decisions made by the Minister responsible for Customs, or by the Chief Executive Officer of the Australian Customs Service (the CEO).

Decisions made by the CEO which are reviewable:

- to reject an application for dumping or countervailing measures;

- to terminate an investigation; and

- to recommend to the Minister the refund of an amount of interim duty less than the amount contended.

REVIEW OF A DECISION TO REJECT AN APPLICATION FOR ANTI DUMPING MEASURES

On receipt of an application for the publication of a dumping duty notice or a countervailing duty notice, the CEO has 20 days to complete an initial examination to determine if a prima facie case exists for the initiation of an investigation.

Where a party is of the opinion that grounds exist to review a decision by the CEO not to initiate an investigation, that party has the right to seek a review.  Only the party which lodged the application for the publication of a dumping duty notice or a countervailing notice may seek a review of the CEO’s decision to reject that application.

THE APPLICATION

An application for a review must be received within 30 days after the applicant was notified of the CEO’s decision to reject the application.

An application must clearly and comprehensively set out the grounds on which the review is sought, and provide sufficient particulars to satisfy the Review Officer that the CEO’s decision should be reviewed.  It is not sufficient simply to request that a decision be reviewed.

The Review Officer does not have any investigative function, and will take account only of information which was before the CEO when the CEO made the reviewable decision.

TIMING OF THE REVIEW

The Review Officer will make a decision within 60 days of the receipt of the application for review.  In special circumstances the Minister may allow the Review Officer a longer period for completion of the review.

INFORMATION TO BE INCLUDED IN THE APPLICATION

• Name, street and postal address, and form of business of the applicant (for example, company, partnership, sole trader).
• Name; title/position; telephone and facsimile numbers; and e-mail address of a contact within the organisation.
• Name of consultant (if any) representing the applicant.
• Full description of the imported goods to which the application relates.
• The tariff classification/statistical code of the imported goods.
• A copy of the written advice from the CEO that the application for anti-dumping measures has been rejected.
• A detailed statement setting out the grounds upon which the Review Officer is being asked to review a decision by the CEO to reject an application for the publication of a dumping duty notice or a countervailing duty notice.

WHERE TO LODGE THE APPLICATION

Applications must be lodged with, or mailed to:

FURTHER INFORMATION