Document ID: chunk:federal_register_of_legislation:C2004A04497:body:0:p7
Version: federal_register_of_legislation:C2004A04497
Segment Type: other
Provision Reference: 
Character Range: 14885–17743

in a notice under subsection (3B), the Minister determines that the interim countervailing duty payable on those particular goods is to be ascertained by reference to the non-injurious price of goods of that kind—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 sum of the amounts that the Minister ascertains to be the export price of, and the relevant subsidy in respect of, those particular goods and the non-injurious price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice under subsection 269TJ(1) or (2).";

  (b) by omitting from subsection (4) the words preceding paragraph (a) and substituting the following:

  "Subject to subsection (5), the countervailing duty in respect of other goods to which this section applies is:";

  (c) by omitting paragraph (4)(a) and substituting the following paragraph:

      "(a) in the case of goods to which this section applies by virtue of a notice under subsection 269TJ(4) of the Customs Act—an amount equal to the amount of the relevant subsidy in respect of the goods; or";

  (d) by omitting from paragraph (4)(b) "countervailing duty in respect of goods to which this section applies by virtue of a declaration" and substituting "goods to which this section applies by virtue of a notice";

     (e)     by omitting from paragraph (4)(b) "a sum" and substituting "an amount";

     (f)      by inserting in subsection (5) "referred to in subsection (4)" after "in respect of goods";

   (g)     by omitting subsections (5A) and (5AA);

   (h)    by inserting in subsection (5B) "(3B) or" after "subsection";

   (i)      by omitting subsections (6) and (7) and substituting the following subsections:

     "(6) A notice under subsection (3B) or (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.

     "(7) If the Minister has determined, under subsection 269TJ(8) of the Customs Act, the amount of the relevant subsidy in relation to goods to which this section applies by virtue of a notice under subsection 269TJ(1), (2) or (4) of that Act, that amount is to be taken to be the amount of that relevant subsidy for the purposes of this section.";

     (j) by omitting from subsection (7A) "a declaration" and substituting "a notice";

    (k) by inserting in subsection (8) "interim countervailing duty or" before "countervailing duty";

     (l) by inserting in subsection (9) "interim countervailing duty or" before "countervailing duty".

Third country countervailing duties

  7. Section 11 of the Principal Act is amended: