Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p11
Version: federal_register_of_legislation:C2004A04823
Segment Type: other
Provision Reference: 
Character Range: 26191–29121

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.";

  (g) by omitting from subsection (7) "subsection (6)" and substituting "this section";

(h) by omitting subsection (12);

   (i) by omitting from subsection (13) "subsection (12)" and substituting "section 269TAAD";

  (j) by omitting from subsection (13) "sub-subparagraph (2)(c)(ii)(B)" and substituting "subparagraph (2)(c)(ii)";

  (k) by adding at the end the following subsection:

   "(14) If:

        (a) application is made for a dumping duty notice or a countervailing 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.".

Insertion of new sections

11. After section 269TACA of the Principal Act the following sections are inserted:

Working out whether dumping has occurred and levels of dumping

  "269TACB.(1) If:

  (a) application is made for a dumping duty notice; and

    (b) export prices in respect of goods the subject of the application exported to Australia during the investigation period have been established in accordance with section 269TAB; and

    (c) corresponding normal values in respect of like goods during that period have been established in accordance with section 269TAC;

the Minister must determine, by comparison of those export prices with those normal values, whether dumping has occurred.

"(2) In order to compare those export prices with those normal values, the Minister may, subject to subsection (3):

    (a) compare the weighted average of export prices over the investigation period with the weighted average of corresponding normal values over that period; or

    (b) compare the export prices determined in respect of individual transactions over the investigation period with the corresponding normal values determined over that period; or

    (c) use the method of comparison referred to in paragraph (a) in respect of a part or parts of the investigation period and the method of comparison referred to in paragraph (b) in respect of another part or other parts of that period.

  "(3) If the Minister is satisfied:

     (a) that the export prices differ significantly among different purchasers, regions or periods; and

     (b) that those differences make the methods referred