Document ID: chunk:federal_register_of_legislation:C2012A00195:clause:1_1:p1
Version: federal_register_of_legislation:C2012A00195
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 1/2)
Character Range: 2359–4997

1  Subsections 8(4) to (5B)
Repeal the subsections, substitute:

Calculation of interim dumping duty
 (5) The Minister must, by signed notice, determine that the interim dumping duty payable on goods the subject of a notice under subsection 269TG(1) or (2) of the Customs Act is an amount worked out in accordance with a method specified in that signed notice. That method must be one of the methods referred to in subsection (5BB).

Notice has effect accordingly
 (5A) A notice under subsection (5) has effect accordingly.

Principles to be followed in specifying method of calculation
 (5B) If:
 (a) the Minister is required to perform the function under subsection (5) in respect of goods the subject of a notice under subsection 269TG(1) or (2) of the Customs Act; and
 (b) 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 normal value of goods of that kind as so ascertained, or last so ascertained;
the Minister must, in performing that function, have regard to the desirability of specifying a method such that the sum of the following does not exceed that non‑injurious price:
 (c) the export price of goods of that kind as so ascertained or last so ascertained;
 (d) the interim dumping duty payable on the goods the subject of the notice.
 (5BA) If:
 (a) the Minister is required to perform the function under subsection (5) in respect of goods the subject of a notice under subsection 269TG(1) or (2) of the Customs Act; and
 (b) in respect of the same goods and at the same time as that notice was published, a notice under section 269TJ of that Act was also published;
the Minister must, in performing that function, have regard to the desirability of specifying a method such that the sum of the following does not exceed the non‑injurious price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of those notices:
 (c) the export price of goods of that kind as so ascertained or last so ascertained;
 (d) the interim dumping duty payable on the goods the subject of the notice under subsection 269TG(1) or (2) of the Customs Act;
 (e) the interim countervailing duty payable under section 10 on the goods the subject of the notice under section 269TJ of that Act.

Methods available for calculating interim dumping duty
 (5BB) The regulations must prescribe the methods for working out the amount of interim dumping duty payable on goods the subject of notices under subsection 269TG(1) or (2) of the Customs Act.
 (5BC) Those methods must refer to one or more of the following matters: