Document ID: chunk:federal_register_of_legislation:C2016C00716:section:9:p2
Version: federal_register_of_legislation:C2016C00716
Segment Type: section
Provision Reference: s 9 (pt 2/3)
Character Range: 14630–17325

(2) of the Customs Act:
 (a) the normal value of the goods was not ascertained under subsection 269TAC(1) of that Act because of the operation of subparagraph 269TAC(2)(a)(ii) of that Act;
 (b) there is an Australian industry in respect of like goods that consists of at least 2 small‑medium enterprises, whether or not that industry consists of other enterprises.

Methods available for calculating interim third country dumping duty
 (5AB) The regulations must prescribe the methods for working out the amount of interim third country dumping duty payable on goods the subject of notices under subsection 269TH(1) or (2) of the Customs Act.
 (5AC) Those methods must refer to one or more of the following matters:
 (a) the export price of the goods the subject of the notice under subsection 269TH(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.
 (5AD) Those methods may refer to a matter mentioned in paragraph (5AC)(a) as ascertained by the Minister.
 (5AE) Subsection (5AC) does not limit the matters that may be referred to in those methods.

Publication of interim third country dumping duty notice
 (5B) 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 third country dumping duty notice
 (5C) 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 third country dumping duty
 (6) The third country dumping duty payable on goods the subject of a notice under subsection 269TH(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 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