Document ID: chunk:federal_register_of_legislation:C2025C00155:section:269tab:p2
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 269TAB (pt 2/3)
Character Range: 1783601–1786398

goods, or as they affect exporters of those goods generally); and
 (b) the Minister determines that there is insufficient or unreliable information to ascertain the price due to an absence or low volume of exports of those goods to Australia by that exporter having regard to the following:
 (i) previous volumes of exports of those goods to Australia by that exporter;
 (ii) patterns of trade for like goods;
 (iii) factors affecting patterns of trade for like goods that are not within the control of the exporter.
Note: If there is an absence of exports of those goods to Australia by that exporter, the Minister may deem such exports to have taken place for the purposes of ascertaining an export price: see subsection (2C).
 (2B) For the purposes of subsection (2A), the export price of those goods is the price determined by the Minister to be the export price, having regard to any of the following:
 (a) the export price for the goods exported to Australia by the exporter established in accordance with subsection (1) of this section for a decision of a kind mentioned in subsection (2D);
 (b) the price paid or payable for like goods sold by the exporter in arms length transactions for exportation from the country of export to a third country determined by the Minister to be an appropriate third country;
 (c) the export price for like goods exported to Australia from the country of export by another exporter or exporters established in accordance with subsection (1) of this section for a decision mentioned in subsection (2D).
 (2C) For the purposes of conducting the review of anti‑dumping measures under Division 5, if there is an absence of exports of those goods to Australia by the exporter, the Minister may deem such exports to have occurred for the purposes of applying subsections (2A) and (2B) of this section.
 (2D) For the purposes of paragraphs (2B)(a) and (c), the decisions are the following:
 (a) deciding to publish a notice under any of the following provisions:
 (i) subsection 269TG(1) or (2) (dumping duties);
 (ii) subsection 269TJ(1) or (2) (countervailing duties);
 (iii) subsection 269ZDB(1) (reviews of anti‑dumping measures);
 (iv) subsection 269ZDBH(1) (anti‑circumvention inquiries);
 (v) subsection 269ZG(3) (accelerated review);
 (vi) subsection 269ZHG(1) (continuation of anti‑dumping measures);
 (b) any other decision under this Act of a kind prescribed by the regulations.
 (2E) For the purposes of paragraph (2B)(c), the decision must be a decision made during the period:
 (a) beginning 2 years before the day the Commissioner published notice of the review under subsection 269ZC(4), (5) or (6); and
 (b) ending on the day notice of the review is published under subsection 269ZDB(1).
 (2F) Without limiting the generality of the matters that