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Thursday, 27 April 1961


Mr OSBORNE (Evans) (Minister for Repatriation) . - I move - [Customs Tariff (Dumping and Subsidies) Amendment (No. 1).]

A.   That duties of customs be imposed in accordance with the following provisions: -

Dumping Duty.

1.   - (1.) If the Minister is satisfied, after inquiry and report by the Tariff Board -

(a)   that goods that are produced or manufactured outside Australia and have been or are being exported to Australia have been, are being or may be sold to a person in Australia at an export price that is less than the normal value of the goods at the date of exportation; and

(b)   that the importation of those goods is causing or threatening injury to an Australian industry producing or manufacturing like or directly competitive goods or may hinder the establishment of an Australian industry in connexion with the production or manufacture of like or directly competitive goods, the Minister may cause a notice to be published in the Gazette specifying the goods as to which he is so satisfied. (2.) Upon the publication of a notice under this clause, there shall be charged, collected and paid to the use of the Queen for the purposes of the Commonwealth, on goods specified in the notice imported into Australia, a special duty (in this clause referred to as "the dumping duty "). (3.) The amount of the dumping duty in respect of any goods is a sum equal to the amount by which the export price of the goods is less than the normal value of the goods at the date of exportation. (4.) The Minister may, by instrument in writing, exempt goods from the dumping duty if he is satisfied -

(a)   that like or directly competitive goods are not offered for sale in Australia to all purchasers on equal terms under like conditions having regard to the custom and usage of trade;

(b)   that the difference between the export price of the goods and the normal value of the goods at the date of exportation does not exceed ten per centum of the normal value and that the exemption would not cause injury to an Australian industry producing or manufacturing like or directly competive goods; or

(c)   that the goods, being articles of merchandise, are for use as samples for the sale of similar goods. (5.) Where the Minister exempts goods from the dumping duty under the last preceding subclause by reason of his being satisfied as to a matter specified in paragraph (a) or (b) of that sub-clause, the instrument of exemption shall be published in the Gazette.

Dumping Duty - Third Country. 2.- (1.) If the Minister is satisfied -

(a)   that goods that are produced or manufactured in a particular country and have been or are being exported to Australia have been, are being or may be sold to a person in Australia at an export price that is less than the normal value of the goods at the date of exportation; and

(b)   that the importation of those goods is causingorthreateninginjurytothe trade in the Australian market of producers or manufacturers in a third country of like or directly competitive goods, the Minister may cause a notice to be published in the Gazette specifying the goods as to which he is so satisfied. (2.) Upon the publication of a notice under this clause, there shall be charged, collected and paid to the use of the Queen for the purposes of the Commonwealth, on goods specified in the notice imported into Australia, a special duty (in this clause referred to as " the third country dumping duty "). (3.) The amount of the third country dumping duty in respect of any goods is a sum equal to the amount by which the export price of the goods is less than the normal value of the goods at the date of exportation. (4.) The Minister may, by instrument in writing, exempt goods from the third country dumping duty if he is satisfied -

(a)   that like or directly competitive goods are not offered for sale in Australia to all purchasers on equal terms under like conditions having regard to the custom and usage of trade;

(b)   that the difference between the export price of the goods and the normal valueof the goods at the date of exportation does not exceed ten per centum of the normal value and that the exemption would not cause injury to the trade in the Australian market of producers or manufacturers in the third country of like or directly competitive goods; or

(c)   that the goods, being articles of merchandise, are for use as samples for the sale of similar goods. (5.) Where the Minister exempts goods from the third country dumping duty under the last preceding sub-clause by reason of his being satisfied as to a matter specified in paragraph (a) or (b) of that sub-clause, the instrument of exemption shall be published in the Gazette.







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