Document ID: chunk:federal_register_of_legislation:C2004A04497:body:0:p9
Version: federal_register_of_legislation:C2004A04497
Segment Type: other
Provision Reference: 
Character Range: 19978–22752

that non-injurious price.

"(6) If the Minister signs a notice under subsection (4), the Minister must cause a copy of that notice to be published in the Gazette unless, in the opinion of the Minister, the publication of that notice would adversely affect the business or commercial interests of any person.

"(7) The third country countervailing duty payable on goods the subject of a notice under subsection 269TK(1) or (2) of the Customs Act is an amount equal to:

    (a)     unless paragraph (b) applies—the relevant subsidy in respect of those particular goods; or

    (b)     if, in a notice under subsection (4), the Minister determines that the interim countervailing duty payable on those particular goods is to be ascertained by reference to the non-injurious price of goods of that kind—the difference between:

             (i) the amount that the Minister ascertains to be the export price of those particular goods; and

             (ii) the lower of the sum of the amounts that the Minister ascertains to be the export price of, and the relevant subsidy in respect of, those particular goods and the non-injurious price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice under subsection 269TK(1) or (2).

     "(7A) A notice under subsection (4) applies to goods entered for home consumption on or after a day specified in the notice, which may be earlier than the day of publication of the notice but may not be a day on which an earlier notice under that subsection applied to the goods.

     "(7B) If the Minister has determined, under subsection 269TK(3) of the Customs Act, the amount of any relevant subsidy in respect of goods to which this section applies by virtue of a notice under subsection 269TK(1) or (2) of that Act, that amount is to be taken to be the amount of that relevant subsidy for the purposes of this section.";

    (b)    by inserting in subsection (8) "interim third country countervailing duties" before "third country";

    (c)     by inserting in subsection (9) "interim third country countervailing duties" before "third country".

Transitional

8. Despite the amendments of the Principal Act made by this Act, the provisions of the Principal Act as in force immediately before the day of commencement of the provisions referred to in subsection 2(3) of the Customs Legislation (Anti-Dumping Amendments) Act 1992 continue to apply in relation to duty imposed on goods as a result of dumping duty notices or countervailing duty notices:

  (a)     that are published by the Minister before that day; or

    (b)    that are published by the Minister on or after that day but that apply to goods entered for home consumption before that day;

as if those amendments