Commonwealth of australia

Customs Act 1901

Instrument of Approval No. TMRO 1999/3

Approval of form for application for review of a decision to terminate an investigation

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 (b) of that Act (that is, a decision to terminate an investigation).

Dated 1 April 1999.

G. A. Hine

SCHEDULE

APPLICATION TO

TRADE MEASURES REVIEW OFFICER

FOR REVIEW OF A DECISION

TO TERMINATE AN INVESTIGATION

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 terminate an investigation into whether the Minister should publish:

  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.

 If the application contains material that is confidential or commercially sensitive, a non‑confidential version, containing sufficient detail to give other interested parties a clear and reasonable understanding of the information being put forward, must be provided or the application will not be accepted.

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 TERMINATION DECISION

Where a party is of the opinion that grounds exist to review a decision to terminate 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 terminate an investigation.

THE APPLICATION

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

An application should clearly and comprehensively set out the grounds on which the review is sought.  It is not sufficient simply to request that a decision be reviewed.  The applicant must provide sufficient particulars to satisfy the Review Officer that the CEO’s decision should 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.  The Review Officer will disregard any information in applications and submissions that was not available to the CEO.

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.

The Review Officer will publish the decision in a national Australian newspaper.

INFORMATION WHICH MUST 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 of the decision to terminate the investigation.
• A detailed statement setting out the grounds upon which the Review Officer is being asked to review a decision by the CEO to terminate an investigation into whether a dumping duty notice or countervailing duty notice should be published.

WHERE TO LODGE THE APPLICATION

Applications must be lodged with, or mailed to:

FURTHER INFORMATION