Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p12
Version: federal_register_of_legislation:C2004A04823
Segment Type: other
Provision Reference: 
Character Range: 28856–31711

(b) in respect of another part or other parts of that period.

  "(3) If the Minister is satisfied:

     (a) that the export prices differ significantly among different purchasers, regions or periods; and

     (b) that those differences make the methods referred to in subsection (2) inappropriate for use in respect of a period constituting the whole or a part of the investigation period;

the Minister may, for that period, compare the respective export prices determined in relation to individual transactions during that period with the weighted average of corresponding normal values over that period.

"(4) If, in a comparison under subsection (2), the Minister is satisfied that the weighted average of export prices over a period is less than the weighted average of corresponding normal values over that period:

     (a) the goods exported to Australia during that period are taken to have been dumped; and

     (b) the dumping margin for the exporter concerned in respect of those goods is the difference between those weighted averages.

"(5) If, in a comparison under subsection (2), the Minister is satisfied that an export price in respect of an individual transaction during the investigation period is less than the corresponding normal value:

     (a) the goods exported to Australia in that transaction are taken to have been dumped; and

     (b) the dumping margin for the exporter concerned in respect of those goods is the difference between that export price and that normal value.

"(6) If, in a comparison under subsection (3), the Minister is satisfied that the export prices in respect of particular transactions during the investigation period are less than the weighted average of corresponding normal values during that period:

     (a) the goods exported to Australia in each such transaction are taken to have been dumped; and

     (b) the dumping margin for the exporter concerned in respect of those goods is the difference between each relevant export price and the weighted average of corresponding normal values.

"(7) Subject to subsection (8), the existence of dumping and the size of a dumping margin will normally be worked out for individual exporters of goods to Australia.

"(8) If the number of exporters from a particular country of export who provide information in relation to an application for a dumping duty notice is so large that it is not practicable to determine the existence of dumping and to work out individual dumping margins for each of them, the Minister may, on the basis of information obtained from an investigation of a selected number of those exporters:

  (a) who constitute a statistically valid sample of those exporters; or

    (b) who are responsible for the largest volume of exportations to Australia that can reasonably be investigated;

decide whether dumping exists,