Document ID: chunk:federal_register_of_legislation:C2025C00155:section:269tk:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 269TK (pt 1/2)
Character Range: 1901465–1904054

269TK  Third country countervailing duties
 (1) Subject to section 269TN, where the Minister is satisfied, as to any goods produced or manufactured in a particular country that have been exported to Australia, that:
 (a) a countervailable subsidy has been received in respect of the goods; and
 (b) because of that:
 (i) material injury to an industry in a third country engaged in the production or manufacture of like goods has been or is being caused or is being threatened; or
 (ii) in a case where security has been taken under section 42 in respect of any interim duty that may become payable on the goods under this section—material injury to an industry in a third country engaged in the production or manufacture of like goods would or might have been caused if the security had not been taken;
the Minister, if requested by the Government of the third country to do so, may, by public notice, declare that section 11 of that Act applies:
 (c) to the goods in respect of which the Minister is so satisfied; and
 (d) to like goods that were exported to Australia after the Commissioner made a preliminary affirmative determination under section 269TD in respect of the goods referred to in paragraph (c) but before the publication of that notice.
 (2) Where the Minister is satisfied, as to goods of any kind produced or manufactured in a particular country that:
 (a) a countervailable subsidy:
 (i) has been received in respect of goods the subject of the application that have already been exported to Australia; and
 (ii) may be received in respect of like goods that may be exported to Australia in the future; and
 (b) by reason thereof material injury to an industry in a third country engaged in the production of like goods has been or is being caused or is being threatened;
the Minister, if requested by the Government of the third country so to do, may, by public notice (whether or not he or she has made, or makes, a declaration under subsection (1) in respect of like goods that have been exported to Australia), declare that section 11 of the Dumping Duty Act applies to like goods that are exported to Australia after the date of publication of the notice or such later date as is specified in the notice.
 (3) If the Minister is satisfied that adequate information as to the amount of countervailable subsidy in relation to goods cannot be obtained for the purposes of this section, the amount of countervailable subsidy is to be taken to be such amount as is determined, in writing, by the Minister.
 (4) For the purposes of this section, the benefit accruing to