Document ID: chunk:federal_register_of_legislation:C2025C00155:section:269tae:p4
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 269TAE (pt 4/5)
Character Range: 1820122–1822939

whether or not material injury is threatened to an industry in a third country;
because of the exportation of goods into the Australian market, the Minister must take account only of such changes in circumstances, including changes of a kind determined by the Minister, as would make that injury foreseeable and imminent unless dumping or countervailing measures were imposed.
 (2C) In determining, for the purposes referred to in subsection (1) or (2), the effect of the exportations of goods to Australia from different countries of export, the Minister should consider the cumulative effect of those exportations only if the Minister is satisfied that:
 (a) each of those exportations is the subject of an investigation; and
 (b) either:
 (i) all the investigations of those exportations resulted from applications under section 269TB lodged with the Commissioner on the same day; or
 (ii) the investigations of those exportations resulted from applications under section 269TB lodged with the Commissioner on different days but the investigation periods for all the investigations of those exportations overlap significantly; and
 (c) if the determination is being made for the purposes of section 269TG or 269TH—the dumping margin worked out under section 269TACB for the exporter for each of the exportations is at least 2% of the export price or weighted average of export prices used to establish that dumping margin; and
 (d) if the determination is being made for the purposes of section 269TG or 269TH—for each application, the volume of goods the subject of the application that have been, or may be, exported to Australia over a reasonable examination period (as defined in subsection 269TDA(17)) from the country of export and dumped is not taken to be negligible for the purposes of subsection 269TDA(3) because of subsection 269TDA(4); and
 (da) if the determination is being made for the purposes of section 269TJ or 269TK:
 (i) the amount of the countervailable subsidy in respect of the goods the subject of each of the exportations exceeds the negligible level of countervailable subsidy worked out under subsection 269TDA(16); and
 (ii) the volume of each of those exportations is not negligible; and
 (e) it is appropriate to consider the cumulative effect of those exportations, having regard to:
 (i) the conditions of competition between those goods; and
 (ii) the conditions of competition between those goods and like goods that are domestically produced.
 (3) A reference in subsection (1) or (2) to the relevant economic factors in relation to an Australian industry, or in relation to an industry in a third country, in relation to goods of a particular kind exported to Australia is a reference to:
 (a) the quantity of goods of that kind, or like goods, produced or manufactured in the