Document ID: chunk:federal_register_of_legislation:C2016C00716:section:10:p1
Version: federal_register_of_legislation:C2016C00716
Segment Type: section
Provision Reference: s 10 (pt 1/4)
Character Range: 18710–21327

10  Countervailing duties
 (1) There is imposed, and there must be collected and paid, on goods:
 (a) to which this section applies by virtue of a notice under subsection 269TJ(1) or (2) of the Customs Act; and
 (b) in relation to which a countervailable subsidy is received;
a special duty of Customs, to be known as countervailing duty.
 (2) The countervailing duty on goods to which this section applies is to be calculated in accordance with subsection (3E).
 (3) Pending final assessment of the countervailing duty payable on goods the subject of a notice under subsection 269TJ(1) or (2) of the Customs Act of the Customs Act, an interim countervailing duty is payable on those goods.
 (3A) Subject to subsection (3B), the interim countervailing duty payable on goods the subject of a notice under subsection 269TJ(1) or (2) of the Customs Act is an amount equal to the countervailable subsidy in respect of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice.
 (3B) The Minister must, by signed notice, direct that the interim countervailing duty in respect of particular goods to which this section applies by virtue of a declaration under subsection 269TJ(1) or (2) of the Customs Act be ascertained:
 (a) as a proportion of the export price of those particular goods; or
 (b) by reference to a measure of the quantity of those particular goods; or
 (c) by reference to a combination of a proportion of the export price of those particular goods and a measure of the quantity of those particular goods;
and the notice has effect accordingly.
 (3C) The Minister must, in exercising his or her powers under subsection (3B) in respect of particular goods the subject of a notice under subsection 269TJ(1) or (2) of the Customs Act, if the non‑injurious price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice is less than the sum of:
 (a) the countervailable subsidy in respect of goods of that kind as so ascertained, or last so ascertained; and
 (b) the export price of goods of that kind as so ascertained, or last so ascertained;
have regard to the desirability of fixing a lesser amount of duty such that the sum of that export price and the lesser duty does not exceed that non‑injurious price.
 (3CA) However, subsection (3C) does not require the Minister to have regard to the matter in that subsection if the Minister is satisfied that either or both of the following apply in relation to the goods the subject of the notice under subsection 269TJ(1) or (2) of the Customs Act:
 (a) the country in