Customs Legislation Amendment Act (No. 1) 2003 (119 of 2003)

Schedule 1   Anti-dumping measures

Part 2   Cumulative effect of exports to Australia

Customs Act 1901

9   Subsection 269TAE(2C)

Repeal the subsection, substitute:

(2C) In determining, for the purposes referred to in subsection (1) or (2), the effect of the exportations of goods to Australia from different countries of export, the Minister should consider the cumulative effect of those exportations only if the Minister is satisfied that:

(a) each of those exportations is the subject of an investigation; and

(b) either:

(i) all the investigations of those exportations resulted from applications under section 269TB lodged with the Customs on the same day; or

(ii) the investigations of those exportations resulted from applications under section 269TB lodged with the Customs on different days but the investigation periods for all the investigations of those exportations overlap significantly; and

(c) the dumping margin worked out under section 269TACB for the exporter for each of the exportations is at least 2% of the export price or weighted average of export prices used to establish that dumping margin; and

(d) for each application, the volume of goods the subject of the application that have been, or may be, exported to Australia over a reasonable examination period (as defined in subsection 269TDA(17)) from the country of export and dumped is not taken to be negligible for the purposes of subsection 269TDA(3) because of subsection 269TDA(4); and

(e) it is appropriate to consider the cumulative effect of those exportations, having regard to:

(i) the conditions of competition between those goods; and

(ii) the conditions of competition between those goods and like goods that are domestically produced.