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Customs Tariff (Anti-Dumping) Amendment Bill (No. 2) 1998
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.