Document ID: chunk:federal_register_of_legislation:C2025C00155:section:269tj:p3
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 269TJ (pt 3/4)
Character Range: 1894176–1896917

the giving of such a notice has been recommended by the Commissioner in a recommendation under section 269TEA; and
 (b) may accept an undertaking whether or not the acceptance of such an undertaking has been recommended by the Commissioner in a recommendation under section 269TEB; and
 (c) must not:
 (i) give a notice to a government or exporter under subsection (2A); or
 (ii) accept an undertaking from a government or an exporter;
  in respect of particular goods or like goods unless a preliminary affirmative determination, or an equivalent determination in an investigation conducted under section 269TAG, has been made to the effect that there are grounds for publication of a countervailing duty notice in respect of those like goods; and
 (d) must not accept an undertaking from an exporter unless the government of the country of export consents to the giving of the undertaking; and
 (e) must give public notice of any undertaking so accepted.
 (3D) The acceptance by the Minister of an undertaking may be subject to conditions that include, but are not limited to, conditions relating to:
 (a) giving the Minister, on an agreed basis, information that is relevant to the fulfilment of the undertaking; and
 (b) providing the Minister with appropriate access to such information.
 (3E) The acceptance by the Minister of an undertaking from an exporter does not prevent the exporter requesting the Minister to determine whether, had the undertaking not been accepted, the Minister would have published a countervailing duty notice or would have decided not to publish such a notice.
 (3F) The Minister must, if an exporter makes such a request, and may, on his or her own initiative, determine whether he or she would have published a countervailing duty notice or would have decided not to publish such a notice if the undertaking had not been accepted.
 (3G) Subsection (3F) does not imply that the Minister is required to make a determination under that subsection before the Minister has received a report from the Commissioner in relation to the matter.
 (3H) If the Minister determines under subsection (3F) that he or she would have decided not to publish a countervailing duty notice, the undertaking automatically lapses.
 (11) If a notice under subsection (1) or (2) declares particular goods to be goods to which section 10 of the Dumping Duty Act applies, the notice must, subject to subsection (12), include a statement setting out:
 (a) the amount of countervailable subsidy that the Minister ascertained, at the time of publication of the notice, had been or would be received in respect of the goods to which the notice relates; and
 (b) the amount that the Minister has ascertained, at that time, was or would be