Document ID: chunk:federal_register_of_legislation:C2025C00155:section:269tacb:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 269TACB (pt 1/2)
Character Range: 1805726–1808480

269TACB  Working out whether dumping has occurred and levels of dumping
 (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 whole of the investigation period with the weighted average of corresponding normal values over the whole of that period; or
 (aa) use the method of comparison referred to in paragraph (a) in respect of parts of the investigation period as if each of these parts were the whole of the investigation period; or
 (b) compare the export prices determined in respect of individual transactions over the whole of the investigation period with the corresponding normal values determined over the whole of that period; or
 (c) use:
 (i) the method of comparison referred to in paragraph (a) in respect of a part or parts of the investigation period as if the part or each of these parts were the whole of the investigation period; and
 (ii) the method of comparison referred to in paragraph (b) in respect of another part or other parts of the investigation period as if that other part or each of these other parts were the whole of the investigation period.
 (2A) If paragraph (2)(aa) or (c) applies:
 (a) each part of the investigation period referred to in the paragraph must not be less than 1 month; and
 (b) the parts of the investigation period as referred to in paragraph (2)(aa), or as referred to in subparagraphs (2)(c)(i) and (ii), must together comprise the whole of the investigation 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 to in subsection (2) inappropriate for use in respect of a period constituting the whole or a part of the investigation period;
the Minister may, for that period, compare the respective export prices determined in relation to individual transactions during that period with the weighted average of corresponding normal values over that period.
 (4) If, in a comparison under subsection (2), the Minister is satisfied that the weighted average of export prices over a period is less than the weighted average of