Instrument of Approval No. TMRO 1999/2

Administered by Attorney-General's Department

Legislation au F1999B00267 Not in force Legislative Instrument

Legislation content

 

 

 

 

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:

The Trade Measures Review Officer

Robert Garran Offices

National Circuit

BARTON  ACT  2601

AUSTRALIA

 

or sent by facsimile to:

 

+61 2 6250 5914

FURTHER INFORMATION

Further information about reviews by the Trade Measures Review Officer can be obtained from:

Trade Measures Review Secretariat

Robert Garran Offices

National Circuit

BARTON  ACT  2601

 

Telephone: +61 2 6250 6220

Facsimile: +61 2 6250 5914

 

Inquiries and requests for general information about dumping matters should be directed to:

Director, Dumping Liaison Unit

Australian Customs Service

Customs House

5 Constitution Avenue

CANBERRA  CITY  ACT  2601

 

Telephone:  +61 2 6275 6066

Facsimile:  +61 2 6275 6990

 

Overview

The Customs Act 1901 was enacted to regulate the administration of customs and excise duties in Australia, and to provide mechanisms for the review of certain decisions made under the Act. The Customs Act 1901 Instrument of Approval No. TMRO 1999/2 was introduced to provide for the review of decisions by the Chief Executive Officer of the Australian Customs Service to reject applications for the publication of dumping duty notices or countervailing duty notices. The instrument was approved by Geoffrey Arthur Hine, a person acting in the office of Trade Measures Review Officer, under subsection 269ZXA of the Customs Act 1901. The policy objective of the instrument is to provide a mechanism for the review of certain decisions made under the Customs Act 1901, in order to ensure that decisions are made fairly and in accordance with the law. The instrument sets out the form for applying for review of a decision to reject an application for the publication of a dumping duty notice or a countervailing duty notice, and provides guidance on the information that should be included in the application. The instrument also sets out the timing for the review and the role of the Review Officer in the review process.

Scope and Application

The Customs Act 1901, through Instrument of Approval No. TMRO 1999/2, provides a framework for the review of decisions made by the Chief Executive Officer of the Australian Customs Service regarding the rejection of applications for the publication of dumping duty notices or countervailing duty notices. This legislation applies specifically to parties that have lodged an application for anti-dumping or countervailing measures and subsequently received a decision from the Chief Executive Officer to reject their application. The geographic reach of this Act is national, as it pertains to decisions made by the Australian Customs Service, which operates across all states and territories of Australia. The Act does not specify any exclusions, exemptions, or thresholds for who may apply for a review. However, it is notable that only the party that originally lodged the application for dumping or countervailing measures can seek a review of the rejection decision. The Review Officer’s role is limited to reviewing the information already considered by the Chief Executive Officer and does not involve any new investigative functions. The Review Officer is required to make a decision within 60 days of receiving the application for review, though this timeframe may be extended by the Minister in exceptional circumstances.

Key Provisions

The Customs Act 1901 provides mechanisms for the review of decisions made by the Chief Executive Officer (CEO) of the Australian Customs Service, particularly those related to the rejection of applications for dumping duty notices or countervailing duty notices. Section 269ZZN(a) allows a party that has lodged an application for anti-dumping measures to request a review if they believe that the CEO's decision to reject the application should be reconsidered. The form for this application, approved under section 269ZXA, is outlined in the schedule of the legislative instrument and must be filled out by the applicant, including a declaration that the information provided is complete and correct. The obligations imposed by this legislation primarily concern the party seeking the review. They must submit a detailed application within 30 days of being notified of the CEO's decision to reject the application. The application must include specific information such as the applicant's details, the name and contact information of a representative, a full description of the imported goods, the tariff classification/statistical code, and a copy of the CEO's written advice rejecting the application. Additionally, the application should contain a detailed statement explaining the grounds for the review request. The Trade Measures Review Officer (Review Officer) will then review the application within 60 days, although this period can be extended by the Minister in special circumstances. Failing to comply with the requirements for lodging a review application can result in the application being dismissed, effectively closing the opportunity for the party to challenge the CEO's decision. There are no specific criminal or civil penalties outlined for non-compliance with the review process itself, but the consequences of not following the correct procedure can be significant for the party's ability to contest the decision. Additionally, any misrepresentation or providing false information in the application could potentially lead to further consequences, although these are not explicitly detailed in the provided text.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.