(a) in relation to a security in respect of any interim duty that may be payable on goods under Customs Tariff (Anti-Dumping) Act 1975—a period described in subsection (3A) of this section; orsection 8 or 9 of the

unless paragraph (b) of this subsection applies:

a period of 4 months; or

if an exporter of goods of the kind referred to in paragraph (3)(a) requests a longer period—a period (not exceeding 6 months) that the Commissioner determines to be appropriate; or

if the security was taken in connection with an investigation under Part XVB and the non-injurious price of goods the subject of the investigation as ascertained, or last ascertained, for the purposes of the investigation is less than the normal value of such goods as so ascertained, or last so ascertained:

a period of 6 months; or

if an exporter of goods of the kind referred to in paragraph (3)(a) requests a longer period—a period (not exceeding 9 months) that the Commissioner determines to be appropriate.

to the export price of the goods; and

the normal value of the goods was not ascertained under subsection 269TAC(1) because of the operation of subparagraph 269TAC(2)(a)(ii);

there is an Australian industry in respect of like goods that consists of at least 2 small-medium enterprises, whether or not that industry consists of other enterprises.

the country of export has not complied with Article 25 of the Agreement on Subsidies and Countervailing Measures for the compliance period;

there is an Australian industry in respect of like goods that consists of at least 2 small-medium enterprises, whether or not that industry consists of other enterprises.

the Minister is satisfied that an act or omission of an exporter who has given an undertaking under subsection 269TG(4) is a violation of that undertaking; and

at the time of, or at any time after, that act or omission, security has been taken under section 42 in respect of any interim duty that might be payable under section 8 of the Dumping Duty Act on goods of the kind to which the undertaking relates or the Customs had the right to require and take such security;

have been exported by the exporter; and

are of the kind to which the undertaking relates; and

have been entered for home consumption on a day that:

was not earlier than the day on which that act or omission occurred; and

was not more than 90 days before the day on which that security was taken or there was a right to require and take such security.

inform the importer of the goods of the decision he or she proposes to make; and

allow a reasonable opportunity for the importer of the goods to comment on the proposed decision; and

give consideration to the comments provided by the importer.

(a) goods (the circumvention goods) are exported to Australia from a foreign country in respect of which the notice applies;

the exporter is an exporter in respect of which the notice applies;

either or both of sections 8 and 10 of the Dumping Duty Act apply to the export of the circumvention goods to Australia;

the importer of the circumvention goods, whether directly or through an associate or associates, sells those goods in Australia without increasing the price commensurate with the total amount of duty payable on the circumvention goods under the Dumping Duty Act;

the circumstances covered by paragraphs (a) to (d) occur over a reasonable period.

a person lodges an application under subsection (1) with the Commissioner; and

the person describes, in the application, circumvention activity, in relation to the original notice, within the meaning of subsection 269ZDBB(5A); and

(c) the Commissioner publishes a notice (the inquiry notice) under subsection 269ZDBE(4) because of the application;

indicate that a report will be made to the Minister:

unless subparagraph (ii) applies—within 155 days after the day the inquiry notice is published or such longer period as the Minister allows under section 269ZHI; or

if the inquiry relates to whether circumvention activity, in relation to the original notice, within 100 days after the day the inquiry notice is published or such longer period as the Minister allows under section 269ZHI; andwithin the meaning of subsection 269ZDBB(5A), has occurred—

the Commissioner publishes a notice under subsection 269ZDBE(4); and

subparagraph 269ZDBE(6)(d)(i) applies; and

before the Commissioner would otherwise be required to place on the public record a statement referred to in subsection 269ZDBF(1), the Commissioner becomes satisfied that no circumvention activity in relation to the original notice has occurred;

the Commissioner publishes a notice under subsection 269ZDBE(4); and

subparagraph 269ZDBE(6)(d)(ii) applies; and

the Commissioner is satisfied that no circumvention activity, in relation to the original notice, within the meaning of subsection 269ZDBB(5A), has occurred;

give public notice of a decision under subsection (1) or (2); and

notify the applicant for the conduct of the anti-circumvention inquiry of the decision; and

inform the applicant of the applicant’s right, within 30 days after the applicant is so notified, to apply for a review of the decision by the Review Panel under Division 9.

if subparagraph 269ZDBE(6)(d)(i) applies—155 days after the day the notice under subsection 269ZDBE(4) or (5) about the inquiry is published or such longer period as the Minister allows under section 269ZHI; or

if subparagraph 269ZDBE(6)(d)(ii) applies—100 days after the day the notice under subsection 269ZDBE(4) or (5) about the inquiry is published or such longer period as the Minister allows under section 269ZHI;

the original notice remain unaltered; or

the following:

the original notice be altered because the Commissioner is satisfied that circumvention activities in relation to the original notice have occurred;

the alterations to be made to the original notice.

if paragraph (1)(b) applies—must have regard to:

the application or request for the inquiry; and

any submission concerning the inquiry that is received by Customs within 40 days after the publication of the notice under subsection 269ZDBE(4) or (5); and

an extension of the 100-day period referred to in paragraph 269ZDBG(1)(b);

unless paragraph (b) applies:

as soon as practicable after the revocation, the Commissioner must publish a statement of essential facts under section 269TDAA in relation to the application for a dumping duty notice or countervailing duty notice that is related to the review; and

after that publication, the investigation of the application resumes under this Part; or

if the reviewable decision was a decision under subsection 269ZDBEA(1):

as soon as practicable after the revocation, the Commissioner must publish a statement of essential facts under section 269ZDBF in relation to the anti-circumvention inquiry concerned; and

after that publication, the conduct of the anti-circumvention inquiry concerned resumes under this Part.

the application for the publication of a dumping duty notice or a countervailing duty notice was made on or after that commencement; or

the investigation under subsection 269TAG(1) of that Act began on or after that commencement.

conduct constituting circumvention activity occurring wholly after the commencement of that item; and

conduct constituting circumvention activity occurring wholly before the commencement of that item; and

conduct constituting circumvention activity occurring partly before and partly after the commencement of that item.