Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p5
Version: federal_register_of_legislation:C2004A04823
Segment Type: other
Provision Reference: 
Character Range: 10895–13727

a selected exporter, and includes a new exporter of such goods;

'selected exporter', in relation to a dumping duty notice or a countervailing duty notice in respect of goods, means an exporter of goods the subject of the application or like goods whose exportations were investigated for the purpose of deciding whether or not to publish that notice;

'subsidy', in respect of goods that are exported to Australia, means:

 (a) a financial contribution:

        (i) by a government of the country of export or country of origin of those goods; or

        (ii) by a public body of that country or of which that government is a member; or

        (iii) by a private body entrusted or directed by that government or public body to carry out a governmental function;

   that is made in connection with the production, manufacture or export of those goods and that involves:

          (iv) a direct transfer of funds from that government or body to the enterprise by whom the goods are produced, manufactured or exported; or

          (v) a direct transfer of funds from that government or body to that enterprise contingent upon particular circumstances occurring; or

          (vi) the acceptance of liabilities, whether actual or potential, of that enterprise by that government or body; or

          (vii) the forgoing, or non-collection, of revenue (other than an allowable exemption or remission) due to that government or body by that enterprise; or

          (viii) the provision by that government or body of goods or services to that enterprise otherwise than in the course of providing normal infrastructure; or

          (ix) the purchase by that government or body of goods provided by that enterprise; or

      (b) any form of income or price support as referred to in Article XVI of the General Agreement or Tariffs and Trade 1994 that is received from such a government or body;

   if that financial contribution or income or price support confers a benefit in relation to those goods;

   'third country', in relation to goods that have been or may be exported to Australia means a country other than Australia or the country of export, or the country of origin, of those goods;

   'World Trade Organization Agreement' means the Agreement Establishing the World Trade Organization done at Marrakesh on 15 April 1994.";

   (c) by omitting from subsection (2A) "the subsidy, bounty, reduction or remission of freight or other financial assistance in relation to goods" and substituting "the subsidy received in respect of goods";

(d) by inserting after subsection (2A) the following subsections:

   "(2AA) A reference in this Part to a subsidy or a countervailable subsidy received in respect of goods from a government of the country of export or country of origin of the goods includes a reference to a