Document ID: chunk:federal_register_of_legislation:C2016C00716:section:10:p3
Version: federal_register_of_legislation:C2016C00716
Segment Type: section
Provision Reference: s 10 (pt 3/4)
Character Range: 23539–26133

duty payable on goods the subject of a notice under subsection 269TJ(1) or (2) of the Customs Act is an amount equal to:
 (a) unless paragraph (b) applies—the countervailable subsidy in respect of those particular goods; or
 (b) if, in a notice under subsection (3B), 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 countervailable 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 269TJ(1) or (2).
 (5B) Where the Minister signs a notice under subsection (3B), the Minister shall cause a copy of that notice to be published on the Anti‑Dumping Commission's website unless in the opinion of the Minister, the publication of that notice would adversely affect the business or commercial interests of any person.
 (6) A notice under subsection (3B) 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.
 (8) The Minister may, by notice in writing, exempt goods from interim countervailing duty or countervailing duty if he or she is satisfied:
 (a) that like or directly competitive goods are not offered for sale in Australia to all purchasers on equal terms under like conditions having regard to the custom and usage of trade;
 (aa) that a Tariff Concession Order under Part XVA of the Customs Act 1901 in respect of the goods is in force;
 (b) that:
 (i) where the goods are goods to which section 8 of the Customs Tariff Act 1995 applies—the item in Schedule 4 to that Act that applies to the goods is expressed to apply to goods, or to a class or kind of goods, as prescribed by by‑law; and
 (ii) suitably equivalent goods the produce or manufacture of Australia are not reasonably available;
 (c) that:
 (i) the tariff classification in Schedule 3 to that Act that applies to the goods is such that no duty is payable in respect of the goods or the duty payable in respect of the goods is at a rate equivalent to a rate payable under Schedule 4 on the goods; and
 (ii) suitably equivalent goods