Document ID: chunk:federal_register_of_legislation:C2016C00716:section:9:p3
Version: federal_register_of_legislation:C2016C00716
Segment Type: section
Provision Reference: s 9 (pt 3/3)
Character Range: 17081–18708

the normal value of those particular goods; or
 (b) if the interim third country dumping duty payable on those particular goods is ascertained by reference to the non‑injurious price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice—the difference between:
 (i) the amount that the Minister ascertains to be the export price of those particular goods; and
 (ii) the lower of the amount that the Minister ascertains to be the normal value of those particular goods and that non‑injurious price.

Exemptions
 (7) The Minister may, by notice in writing, exempt goods from interim third country dumping duty and third country dumping duty if he or she is satisfied:
 (a) that like or directly competitive goods are not offered or sold in Australia to all purchasers on equal terms under like conditions having regard to the custom and usage of trade; or
 (c) that the goods, being articles of merchandise, are for use as samples for the sale of similar goods.
 (8) Where the Minister exempts goods from the interim third country dumping duty and third country dumping duty under subsection (7) by reason of his or her being satisfied as to a matter specified under paragraph (7)(a), the instrument of exemption shall be published on the Anti‑Dumping Commission's website.
 (9) An instrument of exemption under subsection (7) takes effect on the day specified in the instrument. That day may be earlier or later than the day the instrument is made but, if the exemption is given because of an application for exemption, must not be earlier than the day the application is made.