PART XVB
-
SPECIAL PROVISIONS RELATING TO ANTI-DUMPING DUTIES
History
Pt XVB amended by No 32 of 2013, s 3 and Sch 1 items 10
-
14, effective 1 July 2013. For transitional provisions see note under the title of this Act.
[
CCH Note:
Sch 4 of No 79 of 1998 provides for the following application, transitional and saving provisions which commenced on 24 July 1998.
Application, transitional and saving provisions
Definitions for the purposes of application, transitional and saving provisions generally
1
In this Schedule:
ADA Act
means the
Anti-Dumping Authority Act 1988
.
affected party
has the same meaning as in Part XVB of the Customs Act.
Authority
means the Anti-Dumping Authority established by section 4 of the ADA Act.
CEO
has the same meaning as in the Customs Act.
Customs Act
means the
Customs Act 1901
.
Dumping Duty Act
means the
Customs Tariff (Anti-Dumping) Act 1975
.
importer
has the same meaning as in Part XVB of the Customs Act.
interim duty
has the same meaning as in Part XVB of the Customs Act.
negative preliminary decision
has the same meaning as in Part XVB of the Customs Act.
negative preliminary finding
, in relation to goods the subject of an application under section 269TB of the Customs Act, means a preliminary finding, under that Act, to the effect that:
(a)
there are not sufficient grounds for publication of a dumping duty notice or a countervailing duty notice in respect of such goods; or
(b)
there will not be sufficient grounds for such publication after the importation into Australia of such goods.
positive preliminary finding
, in relation to goods the subject of an application under section 269TB of the Customs Act, means a preliminary finding, under that Act, to the effect that:
(a)
there are sufficient grounds for publication of a dumping duty notice or a countervailing duty notice in respect of such goods; or
(b)
there will be sufficient grounds for such publication after the importation into Australia of such goods.
public record
has the same meaning as in Part XVB of the Customs Act.
reviewable decision
has the same meaning as in Division 9 of Part XVB of the Customs Act.
Review Officer
has the same meaning as in Part XVB of the Customs Act.
transfer day
means the day on which the items in Schedule 1 (other than item 39) commence.
Application provision
2(1)
The Customs Act, as amended by this Act, applies in relation to:
(a)
all applications under section 269TB of that Act as so amended for publication of dumping duty notices or countervailing duty notices; and
(b)
all applications under Division 4 of Part XVB of the Customs Act as so amended for assessment of the duty payable under the Dumping Duty Act on goods on which an interim duty has been or is paid, whether that interim duty was paid before, or is paid on or after, the transfer day; and
(c)
all applications, under Division 5 of Part XVB of the Customs Act as so amended, for review of anti-dumping measures, whether those measures were imposed before, or are imposed on or after, the transfer day; and
(d)
all applications, under Division 6 of Part XVB of the Customs Act as so amended, for the accelerated review of dumping duty notices or countervailing duty notices, whether those notices were published before, or are published on or after, the transfer day; and
(e)
all applications, under Division 6A of Part XVB of the Customs Act as so amended, for continuation of anti-dumping measures, whether those measures were imposed before, or are imposed on or after, the transfer day; and
(f)
all applications, under Division 9 of Part XVB of the Customs Act as so amended, for the review of reviewable decisions within the meaning of that Division made on or after the transfer day.
2(2)
Nothing in subitem (1) implies that the Customs Act as amended by this Act does not apply in any additional circumstance where it is expressed to apply because of the operation of item 3, 4, 5, 6, or 7.
Transitional provisions
-
decisions concerning rejection of applications under section 269TB of the Customs Act
3(1)
If, before the transfer day:
(a)
an application is made under section 269TB of the Customs Act as then in force; but
(b)
the CEO has neither made a decision to reject, nor made a decision not to reject, that application;
then:
(c)
the application is to be treated, for all purposes, on and after that day, as if it were an application made under the Customs Act as amended by this Act; and
(d)
the ADA Act does not apply in respect of that application.
3(2)
If, before the transfer day
(a)
an application is made under section 269TB of the Customs Act as then in force; and
(b)
the CEO decides to reject that application; and
(c)
the applicant refers the decision to the Authority for review; but
(d)
that review is not completed;
then:
(e)
the review is to continue to be dealt with by the Authority, on and after that day, under section 8 of the ADA Act; and
(f)
if the Authority confirms the decision
-
the application lapses; and
(g)
if the Authority revokes the decision
-
an investigation in respect of the application is to be initiated under the Customs Act as amended by this Act as if:
(i)
the Customs Act as so amended had been in force when the application was made; and
(ii)
the CEO had decided not to reject the application.
3(3)
If, before the transfer day:
(a)
an application is made under section 269TB of the Customs Act as then in force; and
(b)
the CEO decides to reject that application; and
(c)
the applicant does not refer the decision to the Authority for review;
then:
(d)
the application is to be dealt with, on or after that day, for all purposes (including working out time limits for a possible review of that decision by the Review Officer) as if the Customs Act as amended by this Act had been in force when the application was made; and
(e)
the ADA Act does not apply in respect of the application.
Transitional provisions
-
Customs investigations that have not resulted in a preliminary finding before transfer day
4(1)
If:
(a)
an application is made under section 269TB of the Customs Act as in force before the transfer day; and
(b)
the CEO has initiated an investigation in respect of that application but has not, before that day, made a preliminary finding; and
(c)
not more than 100 days have passed since the initiation of the investigation;
the investigation is to be treated, on and after that day, for all purposes, as if it had, at all times, been an investigation, under the Customs Act as amended by this Act, in respect of an application made under the Customs Act as so amended.
4(2)
For the purposes of so treating the investigation, and without limiting the generality of subitem (1):
(a)
the time limits for the making of a preliminary affirmative determination, the placing of a statement of essential facts on the public record, and the making of a report in respect of the investigation to the Minister, under the Customs Act as amended by this Act, are to be worked out from the date of the actual initiation of the investigation under the Customs Act as in force before the transfer day; and
(b)
if a preliminary affirmative determination is so made, securities may be imposed in accordance with subsection 269TD(3) of the Customs Act as so amended.
Transitional provisions
-
Customs investigations terminated before transfer day
5(1)
If:
(a)
an application is made under section 269TB of the Customs Act as in force before the transfer day; and
(b)
the CEO has initiated an investigation in respect of that application but decides, before that day, to terminate that investigation under section 269TDA of that Act as so in force; and
(c)
not more than 100 days have passed between the initiation of the investigation and the making of that decision; and
(d)
the applicant, before that day, refers the decision to the Authority for review under section 7A of the ADA Act but that review is not completed before that day;
then:
(e)
the review is to continue to be dealt with by the Authority, on and after that day, under the ADA Act; and
(f)
if the Authority confirms the decision
-
the investigation lapses; and
(g)
if the Authority rejects the decision
-
the investigation is to be remitted to the CEO to be dealt with in accordance with subitem (2).
5(2)
If an investigation is remitted to the CEO in the circumstances set out in subitem (1):
(a)
subject to paragraphs (b) and (c), the investigation is to be dealt with in the same manner as if it were an investigation in respect of an application made under section 269TB of the Customs Act as amended by this Act; and
(b)
if, when the investigation is remitted, more than 110 days have passed since the date of initiation of the investigation
-
the CEO must place the statement of essential facts relating to the investigation on the public record as soon as practicable after the investigation is remitted; and
(c)
the report on the investigation that is required to be made to the Minister is, in circumstances to which paragraph (b) applies, required to be so made within 45 days after the placing of the statement of essential facts on the public record.
Transitional provisions
-
positive preliminary finding made by CEO before transfer day
6(1)
If, before the transfer day:
(a)
an application is made under section 269TB of the Customs Act as then in force; and
(b)
the CEO makes a positive preliminary finding in respect of the application;
the CEO must, if he or she has not already done so;
(c)
give public notice of that finding; and
(d)
refer the question whether the publication of the notice sought in the application is justified to the Authority for determination under the ADA Act.
6(2)
If public notice of the finding is given on or after the transfer day, it is required to be given in accordance with section 269ZI of the Customs Act as in force immediately before that day.
6(3)
For the purposes of the operation of the ADA Act in respect of the referral of the question referred to in paragraph (1)(d), that referral is treated as having taken place under subsection 269TD(2) of the Customs Act as in force immediately before the transfer day, whether it took place before, or takes place on or after, that day.
Note:
The determination of a question referred to the Authority under subsection 7(1) of the ADA Act may involve the exercise of termination powers under section 7B of that Act or the acceptance of an undertaking under section 7C of that Act.
Transitional provisions
-
negative preliminary findings made by CEO before transfer day
7(1)
If, before the transfer day:
(a)
an application is made under section 269TB of the Customs Act as then in force; and
(b)
the CEO makes a negative preliminary finding in respect of the application; and
(c)
the applicant refers the finding to the Authority for review; but
(d)
that review is not completed;
then:
(e)
the review is to continue to be dealt with by the Authority, on and after that day, under section 8 of the ADA Act; and
(f)
if the Authority confirms the finding
-
the investigation lapses; and
(g)
if the Authority rejects the finding
-
the investigation is, despite the terms of subsection 8(2) of the ADA Act, to be remitted to the CEO.
7(2)
If, before the transfer day:
(a)
an application is made under section 269TB of the Customs Act as then in force; and
(b)
the CEO makes a negative preliminary finding in respect of the application; and
(c)
the applicant does not refer the finding to the Authority for review; but
(d)
the period for so referring the finding has not expired;
then:
(e)
the applicant may refer the finding to the Authority as if the amendments of the Customs Act made by this Act had not been made; and
(f)
if the applicant does so, the review is to be dealt with by the Authority, under section 8 of the ADA Act; and
(g)
if the Authority confirms the finding
-
the investigation lapses; and
(h)
if the Authority rejects the finding
-
the investigation is, despite the terms of subsection 8(2) of the ADA Act, to be remitted to the CEO.
7(3)
If an investigation is remitted to the CEO in the circumstances set out in subitem (1) or (2):
(a)
subject to paragraphs (b) and (c), the investigation is to be dealt with in the same manner as if it were an investigation of an application made under section 269TB of the Customs Act as amended by this Act; and
(b)
if, when the investigation is remitted, more than 110 days have passed since the date of initiation of the investigation
-
the CEO must place the statement of essential facts relating to the investigation on the public record as soon as practicable after the investigation is remitted; and
(c)
the report on the investigation that is required to be made to the Minister is, in circumstances to which paragraph (b) applies, required to be so made within 45 days after the placing of the statement of essential facts on the public record.
Transitional provisions
-
applications for assessment of duty
8(1)
If, before the transfer day:
(a)
an application is made under section 269V of the Customs Act as then in force requesting an assessment of duty on goods entered for home consumption during a particular importation period; and
(b)
the CEO has not made a decision under subsection 269X(6) in relation to that application;
then, for the purpose of the CEO
'
s dealing with that application on an after that day, Division 4 of the Customs Act as in force before that day continues to apply in relation to the CEO
'
s consideration of the application as if the amendments of the Customs Act made by items 63, 64, 65 and 66 of Schedule 1 to this Act had not been made.
8(2)
If, before the transfer day:
(a)
an application is made under section 269V of the Customs Act as then in force requesting an assessment of duty on goods entered for home consumption during a particular importation period; and
(b)
the CEO has made a negative preliminary decision in relation to that application; and
(c)
the applicant refers the negative preliminary decision to the Authority for review; but
(d)
the review is not completed;
then
(e)
the review is to continue to be dealt with by the Authority, on and after that day, under section 8B of the ADA Act; and
(f)
section 269Y of the Customs Act has effect, on and after that day, in relation to any recommendation received by the Minister from the Authority, as if the amendment of that section made by item 69 of Schedule 1 to this Act had not been made.
8(3)
If, before the transfer day:
(a)
an application is made under section 269V of the Customs Act as then in force requesting an assessment of duty on goods entered for home consumption during a particular importation period; and
(b)
the CEO has made a negative preliminary decision in relation to that application; and
(c)
the applicant does not refer the decision to the Authority for review; but
(d)
the period for so referring the decision has not expired;
then:
(e)
with effect from the transfer day, the applicant
'
s right to refer the decision to the Authority for review is terminated but the applicant may instead, within the time limit that would have applied for so referring the decision, apply instead to the Review Officer to review the decision; and
(f)
if the applicant does so, the review is to be dealt with by the Review Officer under Division 9 of the Customs Act as amended by this Act as if it were a review, sought in accordance with the requirements of that Division, of a decision made under the Customs Act as amended by this Act.
Saving provision
-
review of interim duty
9
If, before the transfer day:
(a)
interim duty has been paid under the Dumping Duty Act on goods entered for home consumption under the Customs Act as in force before that day; and
(b)
the CEO has received an application from an affected party, or a notice from the Minister, under Division 5 of Part XVB of the Customs Act as so in force, requesting a review of the rate of interim duty imposed on those goods;
that Division of the Customs Act as so in force continues to apply, on and after that day, in respect of that review as if the amendments of the Customs Act made by this Act had not been made.
Amending Act No 173 of 1989, s 9 provides:
(1)
Any act or thing done, including, but without limiting the generality of the foregoing, any determination made, any notice given or published, or any undertaking given or accepted, under a provision of the
Customs Tariff (Anti-Dumping) Act 1975
that is repealed and re-enacted in similar form in a provision (in this subsection called the
'
corresponding provision
'
) inserted in Part XVB of the
Customs Act 1901
has effect, on and after the day this section commences, for all purposes, as if it were an act or thing done under the corresponding provision.
(2)
Any delegation under section 19 of the
Customs Tariff (Anti-Dumping) Act 1975
of a power or function conferred on the Minister under a provision of that Act that is repealed and re-enacted in similar form in a provision (in this subsection called the
'
corresponding provision
'
) inserted in Part XVB of the
Customs Act 1901
, being a delegation that is in force immediately before the day this section commences, continues to have effect, on and after that day, for all purposes, as if it were a delegation under section 9 of the
Customs Act 1901
of that power or function as conferred on the Minister by the corresponding provision.]
Division 1
-
Definitions and role of Minister
History
Div 1 heading substituted by No 32 of 2013, s 3 and Sch 1 item 9, effective 1 July 2013.
Div 1 heading inserted by No 174 of 1989, s 11, effective 21 December 1989.
SECTION 269TAC
NORMAL VALUE OF GOODS
269TAC(1)
Subject to this section, for the purposes of this Part, the normal value of any goods exported to Australia is the price paid or payable for like goods sold in the ordinary course of trade for home consumption in the country of export in sales that are arms length transactions by the exporter or, if like goods are not so sold by the exporter, by other sellers of like goods.
History
S 269TAC(1) amended by No 79 of 1998, s 2 and Sch 1 item 24.
S 269TAC(1) inserted by No 174 of 1989, s 13.
269TAC(1A)
For the purposes of subsection (1), the reference in that subsection to the price paid or payable for like goods is a reference to that price after deducting any amount that is determined by the Minister to be a reimbursement of the kind referred to in subsection
269TAA(1A)
in respect of the sales.
History
S 269TAC(1A) inserted by No 79 of 1998, s 2 and Sch 1 item 25.
269TAC(2)
Subject to this section, where the Minister:
(a)
is satisfied that:
(i)
because of the absence, or low volume, of sales of like goods in the market of the country of export that would be relevant for the purpose of determining a price under subsection (1); or
(ii)
because the situation in the market of the country of export is such that sales in that market are not suitable for use in determining a price under subsection (1);
the normal value of goods exported to Australia cannot be ascertained under subsection (1); or
(b)
is satisfied, in a case where like goods are not sold in the ordinary course of trade for home consumption in the country of export in sales that are arms length transactions by the exporter, that it is not practicable to obtain, within a reasonable time, information in relation to sales by other sellers of like goods that would be relevant for the purpose of determining a price under subsection (1);
the normal value of the goods for the purposes of this Part is:
(c)
except where paragraph (d) applies, the sum of:
(i)
such amount as the Minister determines to be the cost of production or manufacture of the goods in the country of export; and
(ii)
on the assumption that the goods, instead of being exported, had been sold for home consumption in the ordinary course of trade in the country of export
-
such amounts as the Minister determines would be the administrative, selling and general costs associated with the sale and the profit on that sale; or
(d)
if the Minister directs that this paragraph applies
-
the price determined by the Minister to be the price paid or payable for like goods sold in the ordinary course of trade in arms length transactions for exportation from the country of export to a third country determined by the Minister to be an appropriate third country, other than any amount determined by the Minister to be a reimbursement of the kind referred to in subsection
269TAA(1A)
in respect of any such transactions.
History
S 269TAC(2) amended by No 206 of 2012, s 3 and Sch 1 item 5, applicable in relation to working out the normal value of goods on or after 11 June 2013.
S 269TAC(2) amended by No 79 of 1998, s 2 and Sch 1 items 26 and 27.
S 269TAC(2) amended by No 150 of 1994, s 10(a)-(b).
S 269TAC(2) inserted by No 174 of 1989, s 13.
269TAC(3)
The price determined under paragraph (2)(d) is a price that the Minister determines, having regard to the quantity of like goods sold as described in paragraph (2)(d) at that price, is representative of the price paid in such sales.
History
S 269TAC(3) substituted by No 150 of 1994, s 10(c).
S 269TAC(3) inserted by No 174 of 1989, s 13.
269TAC(3A)
The Minister is not required to consider working out the normal value of goods under paragraph (2)(d) before working out the normal value of goods under paragraph (2)(c).
History
S 269TAC(3A) inserted by No 42 of 2015, s 3 and Sch 1 item 67, applicable in relation to investigations that are initiated, to reviews or inquiries that begin or to applications under section
269V
of the
Customs Act 1901
that are made, on or after 2 November 2015.
269TAC(4)
Subject to subsections (6) and (8), where the Minister is satisfied that it is inappropriate to ascertain the normal value of goods in accordance with the preceding subsections because the Government of the country of export:
(a)
has a monopoly, or substantial monopoly, of the trade of the country; and
(b)
determines or substantially influences the domestic price of goods in that country;
the normal value of the goods for the purposes of this Part is to be a value ascertained in accordance with whichever of the following paragraphs the Minister determines having regard to what is appropriate and reasonable in the circumstances of the case:
(c)
a value equal to the price of like goods produced or manufactured in a country determined by the Minister and sold for home consumption in the ordinary course of trade in that country, being sales that are arms length transactions;
(d)
a value equal to the price determined by the Minister to be the price of like goods produced or manufactured in a country determined by the Minister and sold in the ordinary course of trade in arms length transactions for exportation from that country to a third country determined by the Minister to be an appropriate third country;
(e)
a value equal to the sum of the following amounts ascertained in respect of like goods produced or manufactured in a country determined by the Minister and sold for home consumption in the ordinary course of trade in that country:
(i)
such amount as the Minister determines to be the cost of production or manufacture of the like goods in that country;
(ii)
such amounts as the Minister determines to be the administrative, selling and general costs associated with the sale of like goods in that country and the profit on that sale;
(f)
a value equal to the price payable for like goods produced or manufactured in Australia and sold for home consumption in the ordinary course of trade in Australia, being sales that are arms length transactions.
History
S 269TAC(4) amended by No 150 of 1994, s 10(d)
-
(e).
S 269TAC(4) inserted by No 174 of 1989, s 13.
269TAC(5)
The price determined under paragraph (4)(d) is a price that the Minister determines, because of the quantity of like goods sold as described in paragraph (4)(d) at that price, is representative of the price paid in such sales.
History
S 269TAC(5) substituted by No 150 of 1994, s 10(f).
S 269TAC(5) inserted by No 174 of 1989, s 13.
269TAC(5A)
Amounts determined:
(a)
to be the cost of production or manufacture of goods under subparagraph (2)(c)(i) or (4)(e)(i); and
(b)
to be the administrative, selling and general costs in relation to goods under subparagraph (2)(c)(ii) or (4)(e)(ii);
must be worked out in such manner, and taking account of such factors, as the regulations provide for the respective purposes of paragraphs 269TAAD(4)(a) and (b).
History
S 269TAC (5A) inserted by No 150 of 1994, s 10(f).
269TAC(5B)
The amount determined to be the profit on the sale of goods under subparagraph (2)(c)(ii) or (4)(e)(ii), must be worked out in such manner, and taking account of such factors, as the regulations provide for that purpose.
History
S 269TAC(5B) inserted by No 150 of 1994, s 10(f).
269TAC(5C)
Without limiting the generality of the matters that may be taken into account by the Minister in determining whether a third country is an appropriate third country for the purposes of paragraph (2)(d) or (4)(d), the Minister may have regard to the following matters:
(a)
whether the volume of trade from the country of export referred to in paragraph (2)(d) or the country first-mentioned in paragraph (4)(d) is similar to the volume of trade from the country of export to Australia; and
(b)
whether the nature of the trade in goods concerned between the country of export referred to in paragraph (2)(d) or the country first-mentioned in paragraph (4)(d) is similar to the nature of trade between the country of export and Australia.
History
S 269TAC(5C) inserted by No 150 of 1994, s 10(f).
269TAC(5D)
The normal value of goods (the
exported goods
) is the amount determined by the Minister, having regard to all relevant information, if the exported goods are exported to Australia and the Minister is satisfied that the country of export has an economy in transition and that at least one of the following paragraphs applies:
(a)
both of the following conditions exist:
(i)
the exporter of the exported goods sells like goods in the country of export;
(ii)
market conditions do not prevail in that country in respect of the domestic selling price of those like goods;
(b)
both of the following conditions exist:
(i)
the exporter of the exported goods does not sell like goods in the country of export but others do;
(ii)
market conditions do not prevail in that country in respect of the domestic selling price of those like goods;
(c)
the exporter of the exported goods does not answer questions in a questionnaire given to the exporter by the Commissioner under subsection
269TC(8)
within the period described in that subsection or subsection
269TC(9)
for answering questions;
(d)
the answers given within the period mentioned in subsection
269TC(8)
, or the further period mentioned in subsection
269TC(9)
, by the exporter of the exported goods to a questionnaire given to the exporter under subsection
269TC(8)
do not provide a reasonable basis for determining that paragraphs (a) and (b) of this subsection do not apply.
Note:
Subsection
269TC(8)
deals with the Commissioner giving an exporter of goods to Australia a questionnaire about evidence of whether or not paragraphs (a) and (b) of this subsection apply, with a specified period of at least 30 days for the exporter to answer the questions. Under subsection
269TC(9)
the Commissioner may allow the exporter a further period for answering the questions.
History
S 269TAC(5D) substituted by No 119 of 2003, s 3, Sch 1, Pt 1, item 3.
S 269TAC(5D) inserted by No 26 of 1999, Sch 1 item 1.
[
CCH Note:
No 119 of 2003, s 3, Sch 1, Pt 1, item 6, contains the following saving provision:
Saving of regulations
6(1)
Regulations that were in force for the purposes of subsection 269TAC(5J) of the
Customs Act 1901
immediately before the commencement of this Part continue to have effect after that commencement for the purposes of that subsection, so far as it relates to subsection 269TAC(5D) of that Act after that commencement.
6(2)
This item has effect despite the amendments of section 269TAC of the
Customs Act 1901
by this Part.
6(3)
This item does not prevent the amendment or repeal of regulations covered by subitem (1).]
269TAC(5E)
To be satisfied that the conditions in paragraph (5D)(a) or (b) exist, the Minister must have regard to the matters (if any) prescribed by the regulations.
History
269TAC(5E) substituted by No 119 of 2003, s 3, Sch 1, Pt 1, item 3.
269TAC(5E) inserted by No 26 of 1999, Sch 1 item 1.
269TAC(5F)
Without limiting the generality of subsection (5D), for the purpose of working out, under that subsection, the amount that is to be the normal value of goods exported to Australia, the Minister may determine that amount in a manner that would be open to the Minister under paragraph (4)(c), (d), (e) or (f) if subsection (4) were applicable.
History
S 269TAC(5F) inserted by No 26 of 1999, Sch 1 item 1.
269TAC(5G)
(Repealed by No 119 of 2003.)
269TAC(5H)
(Repealed by No 119 of 2003.)
269TAC(5J)
For the purposes of fulfilling Australia
'
s international obligations under an international agreement, regulations may be made to disapply subsection (5D) to a country.
History
S 269TAC(5J) amended by No 119 of 2003, s 3, Sch 1, Pt 1, item 5.
S 269TAC(5J) inserted by No 26 of 1999, Sch 1 item 1.
269TAC(6)
Where the Minister is satisfied that sufficient information has not been furnished or is not available to enable the normal value of goods to be ascertained under the preceding subsections (other than subsection (5D)), the normal value of those goods is such amount as is determined by the Minister having regard to all relevant information.
History
S 269TAC(6) amended by No 26 of 1999, Sch 1 item 2.
S 269TAC(6) inserted by No 174 of 1989, s 13.
269TAC(7)
For the purposes of this section, the Minister may disregard any information that he or she considers to be unreliable.
History
S 269TAC(7) amended by No 150 of 1994, s 10(g).
S 269TAC(7) inserted by No 174 of 1989, s 13.
269TAC(7A)
The application of subsection (5D) to goods that are exported to Australia from a particular country does not preclude the application of other provisions of this section (other than subsections (4) and (5)) to other goods that are exported to Australia from that country.
History
S 269TAC(7A) amended by No 119 of 2003, s 3, Sch 1, Pt 1, item 5.
S 269TAC(7A) inserted by No 26 of 1999, Sch 1 item 3.
269TAC(8)
Where the normal value of goods exported to Australia is the price paid or payable for like goods and that price and the export price of the goods exported:
(a)
relate to sales occurring at different times; or
(b)
are not in respect of identical goods; or
(c)
are modified in different ways by taxes or the terms or circumstances of the sales to which they relate;
that price paid or payable for like goods is to be taken to be such a price adjusted in accordance with directions by the Minister so that those differences would not affect its comparison with that export price.
History
S 269TAC(8) amended by No 79 of 1998, s 2 and Sch 1 items 28 and 29.
S 269TAC(8) inserted by No 174 of 1989, s 13.
269TAC(9)
Where the normal value of goods exported to Australia is to be ascertained in accordance with paragraph (2)(c) or (4)(e), the Minister must make such adjustments, in determining the costs to be determined under that paragraph, as are necessary to ensure that the normal value so ascertained is properly comparable with the export price of those goods.
History
S 269TAC(9) inserted by No 174 of 1989, s 13.
269TAC(10)
Where:
(a)
the actual country of export of goods exported to Australia is not the country of origin of the goods; and
(b)
the Minister is of the opinion that the normal value of the goods should be ascertained for the purposes of this Part as if the country of origin were the country of export;
he or she may direct that the normal value of the goods is to be so ascertained.
History
S 269TAC(10) inserted by No 174 of 1989, s 13.
269TAC(11)
For the purposes of subsection (10), the country of origin of goods is:
(a)
in the case of unmanufactured raw products
-
the country of which they are products; or
(b)
in any other case
-
the country in which the last significant process in the manufacture or production of the goods was performed.
History
S 269TAC(11) inserted by No 174 of 1989, s 13.
269TAC(12)
(Omitted by No 150 of 1994.)
269TAC(13)
(Repealed by No 206 of 2012)
History
S 269TAC(13) repealed by No 206 of 2012, s 3 and Sch 1 item 6, applicable in relation to working out the normal value of goods on or after 11 June 2013.
S 269TAC(13) amended by No 150 of 1994, s 10(i)-(j).
S 269TAC(13) inserted by No 174 of 1989, s 13.
269TAC(14)
If:
(a)
application is made for a dumping duty notice; and
(b)
goods the subject of the application are exported to Australia; but
(c)
the volume of sales of like goods for home consumption in the country of export by the exporter or another seller of like goods is less than 5% of the volume of goods the subject of the application that are exported to Australia by the exporter;
the volume of sales referred to in paragraph (c) is taken, for the purposes of paragraph (2)(a), to be a low volume unless the Minister is satisfied that it is still large enough to permit a proper comparison for the purposes of assessing a dumping margin under section
269TACB
.
History
S 269TAC(14) amended by No 79 of 1998, s 2 and Sch 2 item 3.
S 269TAC(14) inserted by No 150 of 1994, s 10(k).