Trade (Safeguard Measures) Bill 294-2 (2008), Government Bill

16 Effect of imposition of safeguard measure
  • (1) The imposition of a relevant duty on imported goods has the following effects on any provisional safeguard duty paid on imports of those goods:

    • (a) if the rate of the relevant duty is less than the rate of the provisional safeguard duty, the Minister may, if must, unless satisfied that there is a good reason for not doing so, require the Customs to remit the amount of the difference to the importers who paid the provisional safeguard duty:

    • (b) if the rate of the relevant duty is greater than the rate of the provisional safeguard duty, the importers who paid the provisional safeguard duty need not pay any more duty in relation to those imported goods.

    (2) If no relevant duty is imposed on imported goods on which provisional safeguard duty was paid, the Minister may must, unless satisfied that there is a good reason for not doing so, require the Customs to remit the amount of the provisional safeguard duty to the importers who paid the provisional safeguard duty.

    (3) In this section, relevant safeguard measure duty means a safeguard measure referred to in section 17(a) or (b).