Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p31
Version: federal_register_of_legislation:C2004A04823
Segment Type: other
Provision Reference: 
Character Range: 77401–80410

occurring), and substituting "an industry in a third country engaged in the production or manufacture";

    (b) by omitting from subsection (1) "notice published in the Gazette" and substituting "public notice";

    (c) by omitting from paragraph (2)(b) "a producer or manufacturer in a third country" and substituting "an industry in a third country engaged in the production or manufacture";

    (d) by omitting from subsection (2) "notice published in the Gazette" and substituting "public notice";

    (e) by inserting in paragraph (4)(a) "in accordance with subsection 269ZI(9)," before "the Minister";

  (f) by adding at the end the following subsections:

    "(5) In ascertaining a normal value and export price for goods of the residual exporter, the Minister must ensure that:

        (a) the normal value does not exceed the weighted average of normal values for like goods of selected exporters from the same country of export; and

        (b) the export price is not less than the weighted average of export prices for like goods of selected exporters from the same country of export.

    "(6) For the purposes of subsection (5), the weighted average of normal values and the weighted average of export prices of the selected exporters must not include any normal value or export price if:

        (a) in a comparison under section 269TACB involving that normal value or export price, the Minister has determined:

            (i) that there is no dumping; or

            (ii) that the dumping margin, when expressed as a percentage of the export price or weighted average of export prices used to establish that dumping margin, is less than 2%; or

        (b) that normal value was determined under subsection 269TAC(6) or that export price was determined under subsection 269TAB(3).".

Countervailing duties

  22. Section 269TJ of the Principal Act is amended:

    (a) by omitting paragraph (1)(a) and substituting the following paragraph:

         "(a) a countervailable subsidy has been received in respect of the goods; and";

    (b) by omitting from subsection (1) "notice published in the Gazette" and substituting "public notice";

    (c) by omitting paragraph (2)(a) and substituting the following paragraph:

    "(a) a countervailable subsidy:

          (i) has been received in respect of goods the subject of the application that have already been exported to Australia; and

          (ii) may be received in respect of like goods that may be exported to Australia in the future; and";

  (d) by omitting from subsection (2) "notice published in the Gazette" and substituting "public notice";

  (e) by omitting paragraph (2)(d) and substituting the following paragraph:

    "(d) in respect of which a countervailable subsidy is received.";

  (f) by omitting subsections (3) and (3A) and substituting the following subsections:

  "(2A) If the export of a consignment of goods to Australia has been under consideration by the Minister so as to decide whether or