Document ID: chunk:federal_register_of_legislation:C2016C00716:section:8:p3
Version: federal_register_of_legislation:C2016C00716
Segment Type: section
Provision Reference: s 8 (pt 3/4)
Character Range: 7834–10482

the following matters:
 (a) the export price of the goods the subject of the notice under subsection 269TG(1) or (2) of the Customs Act;
 (b) the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice;
 (c) the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice;
 (d) the non‑injurious price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice.
 (5BD) Those methods may refer to a matter mentioned in paragraph (5BC)(a) as ascertained by the Minister.
 (5BE) Subsection (5BC) does not limit the matters that may be referred to in those methods.

Publication of interim dumping duty notice
 (5C) If the Minister signs a notice under subsection (5), the Minister must cause a copy of that notice to be published on the Anti‑Dumping Commission's website unless, in the opinion of the Minister, the publication of that notice would adversely affect the business or commercial interests of any person.

Application of interim dumping duty notice
 (5D) A notice under subsection (5) applies to goods entered for home consumption on or after a day specified in the notice, which may be earlier than the day of publication of the notice but may not be a day on which an earlier notice under that subsection applied to the goods.

Calculation of final dumping duty
 (6) The dumping duty payable on goods the subject of a notice under subsection 269TG(1) or (2) of the Customs Act is an amount equal to:
 (a) unless paragraph (b) applies—the difference between the amounts that the Minister ascertains to be the export price and the normal value of those particular goods; or
 (b) if the interim 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 dumping duty and dumping duty if he or she is satisfied:
 (a) that like or directly competitive goods are not offered for sale in Australia to all purchasers on equal terms under like conditions having regard to the custom and usage of trade;
 (b) that a Tariff Concession Order under Part XVA of the Customs Act 1901 in respect