Document ID: chunk:federal_register_of_legislation:C2017A00119:clause:1_2:p1
Version: federal_register_of_legislation:C2017A00119
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 1/2)
Character Range: 2040–4829

2  After subsection 269TAB(2)
Insert:
 (2A) If an export price of goods exported to Australia is being ascertained for the purposes of conducting a review of anti‑dumping measures under Division 5, the price may, despite subsection (1), be determined by the Minister in accordance with subsection (2B) if:
 (a) the price is being ascertained in relation to an exporter of those goods (whether the review is of the measures as they affect a particular exporter of those 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