Document ID: chunk:federal_register_of_legislation:C2004A04497:body:0:p5
Version: federal_register_of_legislation:C2004A04497
Segment Type: other
Provision Reference: 
Character Range: 9814–12675

goods.

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

        (a)     unless paragraph (b) applies—the difference between the amounts that the Minister ascertains to be the export price and the normal value of those particular goods; or

        (b)     if, in a notice under subsection (5), the Minister determines that the whole or a part of the interim third country dumping duty payable on those particular goods is to be ascertained by reference to the non-injurious price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the first-mentioned notice—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 amount that the Minister ascertains to be the normal value of those particular goods and that non-injurious price.";

    (b)    by inserting in subsection (7) "interim third country dumping duty and" before "third country dumping duty";

    (c)     by omitting from subsection (8) "the dumping duty" and substituting "interim third country dumping duty and third country dumping duty".

Countervailing duties

  6. Section 10 of the Principal Act is amended:

  (a) by omitting subsection (3) and substituting the following subsections:

     "(1) There is imposed, and there must be collected and paid, on goods to which this subsection applies by virtue of a notice under subsection 269TJ(1), (2), (4), (5) or (6) of the Customs Act a special duty of Customs, to be known as countervailing duty.

     "(2) The countervailing duty on goods to which this section applies is to be calculated:

         (a)     if this section applies by virtue of a notice under subsection 269TJ(1) or (2) under the Customs Act—in accordance with subsection (3E); and

       (b)    if this section applies by virtue of a notice under

    subsection 269TJ(4), (5) or (6) of the Customs Act—in accordance with subsection (5).

"(3) Pending final assessment of the countervailing duty payable on goods subject of a notice under subsection 269TJ(1) or (2) of the Customs Act, an interim countervailing duty is payable on those goods.

"(3A) Subject to subsection (3B), the interim countervailing duty payable on goods the subject of a notice under subsection 269TJ(1) or (2) of the Customs Act is an amount equal to the relevant subsidy in respect of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice.

"(3B) The Minister must, by signed notice, direct that the interim countervailing duty in respect of particular goods to which this section applies by virtue of a declaration under subsection 269TJ(1) or (2) be ascertained:

    (a)     as