Document ID: chunk:federal_register_of_legislation:F2025C00089:reg:10:p2
Version: federal_register_of_legislation:F2025C00089
Segment Type: reg
Provision Reference: reg 10 (pt 2/2)
Character Range: 16379–18439

instead.
           Step 7. The amount of tariff rate quota entitlement allocated to an applicant not excluded at step 4 is:

                (a) if the applicant is subject to a penalty—the step 2 amount, rounded in accordance with step 6; and
                (b) otherwise—the step 5 amount, rounded in accordance with step 6.
 (1A) For the purposes of paragraph 10(1)(a), the method statement is as follows:

      Method statement
           Step 1. Use the formula in section 12 to work out the step 1 amount for each applicant.
           Step 2. If the step 1 amount for an applicant is less than 12,000 kg:

                (a) the amount is excluded; and
                (b) the applicant is excluded and is not allocated an amount of tariff rate quota entitlement for the quota type and quota year under this section.

           Step 3. Use the formula in section 12 to distribute the total of the amounts excluded at step 2 among the applicants who are not excluded at step 2, and add the amount distributed to each such applicant's step 1 amount to reach the applicant's step 3 amount. For this purpose:

                (a) replace references in the formula to AA with references to the total of the amounts excluded; and
                (b) replace references to all applicants with references to applicants who are not excluded.

           Step 4. Round all of the step 3 amounts to the nearest kilogram, with 0.5 of a kilogram to be rounded up. If, after this, the sum of the amounts exceeds the access amount for the quota type and quota year, round all the amounts down to the nearest kilogram instead.
           Step 5. The amount of tariff rate quota entitlement allocated for the quota type to an applicant not excluded at step 2 is the step 3 amount, rounded in accordance with step 4.
 (2) The Secretary must give each applicant a written notice stating:
 (a) whether the applicant is allocated an amount of tariff rate quota entitlement for the quota type and quota year under this section; and
 (b) if so—the amount allocated.