Document ID: chunk:federal_register_of_legislation:F2025C00088:reg:52d:p1
Version: federal_register_of_legislation:F2025C00088
Segment Type: reg
Provision Reference: reg 52D (pt 1/2)
Character Range: 97199–100050

52D  Allocation of tariff rate quota entitlement from the performance‑based access amount
 (1) The Secretary must, as soon as practicable after the annual application day for a quota type and a quota year, allocate to applicants under section 52C amounts of tariff rate quota entitlement from the performance‑based access amount for that quota type and quota year in accordance with this section.
 (2) The amount of tariff rate quota entitlement to be allocated to an applicant for the quota type and quota year from the performance‑based access amount is the amount worked out using the following method statement.

      Method statement
           Step 1. For each applicant, determine the total weight of the applicant's eligible past exports for the quota type and quota year.
           Step 2. Using the step 1 amounts, calculate the total weight of all eligible past exports by all applicants for the quota type and quota year.
           Step 3. If the step 2 amount is less than or equal to the performance‑based access amount, the amount of tariff rate quota entitlement to be allocated to an applicant is the amount of the applicant's eligible past exports. Any unallocated tariff rate quota entitlement from the performance‑based access amount is the unallocated performance‑based access amount (the unallocated performance‑based access amount).
           Step 4. If the step 2 amount is greater than the performance‑based access amount, the amount of tariff rate quota entitlement to be allocated to an applicant is an amount that reflects the applicant's eligible past exports as a proportion of all eligible past exports using the formula in subsection (3).
           Step 5. Calculate the unrestricted access amount for the quota type and quota year using:

                (a) if step 3 applied—the formula in subsection (4); and
                (b) if step 4 applied—the formula in subsection (5).
Note: The amount of tariff rate quota entitlement to be allocated from the unrestricted access amount for a quota type is determined using a method specified for the quota type by a provision of Chapter 3.
 (3) For the purposes of step 4 of the method statement in subsection (2), the formula is:
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.
performance‑based access amount is the performance‑based access amount for the quota type and quota year.
 (4) For the purposes of paragraph (a) of step 5 of the method statement in subsection (2), the formula is:
where:
annual access amount is the annual access amount for the quota type and quota year.
performance‑based access amount is the performance‑based access