Document ID: chunk:federal_register_of_legislation:C2025C00155:section:269tda:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 269TDA (pt 1/8)
Character Range: 1849087–1851832

269TDA  Termination of investigations

Commissioner must terminate if all dumping margins are negligible
 (1) If:
 (a) application is made for a dumping duty notice; and
 (b) in an investigation, for the purposes of the application, of an exporter to Australia of goods the subject of the application, the Commissioner is satisfied that:
 (i) there has been no dumping by the exporter of any of those goods; or
 (ii) there has been dumping by the exporter of some or all of those goods, but the dumping margin for the exporter, or each such dumping margin, worked out under section 269TACB, when expressed as a percentage of the export price or weighted average of export prices used to establish that dumping margin, is less than 2%;
the Commissioner must terminate the investigation so far as it relates to the exporter.

Commissioner must terminate if countervailable subsidisation is negligible
 (2) If:
 (a) application is made for a countervailing duty notice; and
 (b) in an investigation, for the purposes of the application, of an exporter to Australia of goods the subject of the application, the Commissioner is satisfied that:
 (i) no countervailable subsidy has been received in respect of any of those goods; or
 (ii) a countervailable subsidy has been received in respect of some or all of those goods but it never, at any time during the investigation period, exceeded the negligible level of countervailable subsidy under subsection (16);
the Commissioner must terminate the investigation so far as it relates to the exporter.

Commissioner must terminate if negligible volumes of dumping are found
 (3) If:
 (a) application is made for a dumping duty notice; and
 (b) in an investigation for the purposes of the application the Commissioner is satisfied that the total volume of goods the subject of the application:
 (i) that have been, or may be, exported to Australia over a reasonable examination period from a particular country of export; and
 (ii) that have been, or may be, dumped;
  is negligible;
the Commissioner must terminate the investigation so far as it relates to that country.

What is a negligible volume of dumped goods?
 (4) For the purpose of subsection (3), the total volume of goods the subject of the application that have been, or may be, exported to Australia over a reasonable examination period from the particular country of export and dumped is taken to be a negligible volume if:
 (a) when expressed as a percentage of the total Australian import volume, it is less than 3%; and
 (b) subsection (5) does not apply in relation to those first‑mentioned goods.

Aggregation of volumes of dumped goods
 (5) For the purposes of subsection (4), this subsection applies in relation to goods the subject