Bills Digest No. 50   1997-98 Customs Tariff (Anti-Dumping) Amendment Bill 1997


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WARNING:
This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments. This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.

CONTENTS

Passage History

Customs Tariff (Anti-Dumping) Amendment Bill 1997

Date Introduced: 25 June 1997
House: House of Representatives
Portfolio: Industry, Science and Tourism
Commencement: The amendments outlined in the 'Main Provisions' of this Bill commence on the day on which items 5 and 12 of Schedule 1 of the Customs Legislation (Anti-Dumping) Amendment Bill 1997 commence, that is, 1 January 1993.

Purpose

To ensure interim dumping and countervailing duties can be imposed prior to a final assessment of duties payable.

Background

The reader is referred to the Digest for the Customs Legislation (Anti-Dumping) Amendment Bill 1997.

Main Provisions

As noted in the 'Background' to the Digest for the Customs Legislation (Anti-Dumping) Amendment Bill 1997 interim and final dumping duty are imposed by section 8 of the Customs Tariff (Anti-Dumping) Act 1975 on goods subject to a notice under section 269TG of the Customs Act 1901.

Subsection 8(2) of the Customs Tariff (Anti-Dumping) Act 1975 provides:

There is imposed, and there must be collected and paid, on goods to which this section applies by virtue of a notice under subsection 269TG (1) and (2) of the Customs Act, a special duty of Customs, to be known as dumping duty calculated in accordance with subsection (6)

A new subsection 8(2) is substituted in the Customs Tariff (Anti-Dumping) Act 1975 by item 1 of Schedule 1. The difference between the new and old subsection is the inclusion of the words "in relation to which the amount of the export price is less than the amount of the normal value". The intended effect of this inclusion is to ensure that actual values of goods must be ascertained, or be taken to have been ascertained, for the purposes of imposing final dumping duty. Taken in conjunction with the amendments proposed to subsections 269TG(1) and (2) of the Customs Act 1901 by the Customs Legislation (Anti-Dumping) Amendment Bill 1997 this will ensure that actual values will not need to be determined for the purpose of imposing interim dumping duties.

Items 3, 5, and 8 of Schedule 1 make similar amendments to those outlined above in respect of third country dumping and countervailing duty and countervailing duty.

The objective of item 10 is to prevent legal challenges to the imposition and collection of interim dumping and countervailing duties imposed and collected since 1 January 1993, the date the dumping and countervailing provisions commenced. This objective is accomplished by taking impositions and collections of interim dumping and countervailing duties to have been imposed or collected in accordance with the Customs Tariff (Anti-Dumping) Act 1975 as amended by this Bill.

Contact Officer and Copyright Details

Ian Ireland and Tas Luttrell
30 September
Bills Digest Service
Information and Research Services

This Digest does not have any official legal status. Other sources should be consulted to determine whether the Bill has been enacted and, if so, whether the subsequent Act reflects further amendments.

IRS staff are available to discuss the paper's contents with Senators and Members and their staff but not with members of the public.

ISSN 1328-8091
© Commonwealth of Australia 1997

Except to the extent of the uses permitted under the Copyright Act 1968, no part of this publication may be reproduced or transmitted in any form or by any means, including information storage and retrieval systems, without the prior written consent of the Parliamentary Library, other than by Members of the Australian Parliament in the course of their official duties.

Published by the Department of the Parliamentary Library, 1997.

This page was prepared by the Parliamentary Library, Commonwealth of Australia
Last updated: 7 October 1997

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