Document ID: chunk:federal_register_of_legislation:F2025C00088:reg:32:p1
Version: federal_register_of_legislation:F2025C00088
Segment Type: reg
Provision Reference: reg 32 (pt 1/4)
Character Range: 58405–61252

32  Initial calculations of tariff rate quota entitlement

Initial entitlement calculation using eligible past exports
 (1) Subject to subsection (2), an applicant's initial individual entitlement for a quota type and a quota year is the amount worked out using the following formula:
where:
all eligible past exports is the total weight of all eligible past exports by all applicants for the quota type and quota year.
applicant's eligible past exports is the total weight of the applicant's eligible past exports for the quota type and quota year.
standard access amount is the standard access amount for the quota type and quota year.
 (2) If the amount worked out under subsection (1) for an applicant is more than the amount of tariff rate quota entitlement the applicant applied for, the amount of the applicant's initial individual entitlement is the amount of tariff rate quota entitlement the applicant applied for.

Redistribution of excess allocations
 (3) The amount of an applicant's adjusted individual entitlement for a quota type and a quota year is:
 (a) if the amount of the applicant's initial individual entitlement for the quota type and quota year is equal to the amount of tariff rate quota entitlement the applicant applied for—that amount; and
 (b) if the amount of the applicant's initial individual entitlement for the quota type and quota year is less than the amount of tariff rate quota entitlement the applicant applied for—the amount worked out using the formula in subsection (4), subject to subsections (5) and (6).
 (4) For the purposes of paragraph (3)(b), the formula is:
where:
all entitlements is the total of the initial individual entitlements of all applicants for the quota type and quota year.
applicant's eligible past exports is the total weight of the applicant's eligible past exports for the quota type and quota year.
IIE is the applicant's initial individual entitlement.
non‑excess eligible past exports is the total weight of all eligible past exports, for the quota type and quota year, by all applicants to whose entitlement paragraph (3)(b) applies.
standard access is the standard access amount for the quota type and quota year.
 (5) If the amount worked out under subsection (4) for any applicant (a quota‑filled applicant) is more than the amount of tariff rate quota entitlement the applicant applied for, then:
 (a) the adjusted individual entitlement of each quota‑filled applicant is equal to the amount of tariff rate quota entitlement that applicant applied for; and
 (b) the adjusted individual entitlement of each applicant to whose entitlement paragraph (3)(b) applies who is not a quota‑filled applicant must be recalculated under subsection (4); and
 (c) for the purposes of the recalculation, each quota‑filled applicant's initial individual entitlement is taken to have been