Document ID: chunk:federal_register_of_legislation:C2025C00155:section:269tn:p2
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 269TN (pt 2/4)
Character Range: 1913200–1915765

goods of a kind the exportation of which to Australia on a number of occasions has caused, or, but for the publication of a notice under section 269TG in respect of goods of that kind, would have caused, material injury to an Australian industry by reason of the amount of the export price of the goods exported being less than the normal value of the goods exported.
 (4A) Before the Minister decides to publish a dumping duty notice under subsection 269TG(1) in circumstances referred to in subsection (3) of this section, in respect of goods that have already been entered for home consumption, the Minister must:
 (a) inform the importer of the goods of the decision he or she proposes to make; and
 (b) allow a reasonable opportunity for the importer of the goods to comment on the proposed decision; and
 (c) give consideration to the comment provided by the importer.
 (4B) If:
 (a) the Minister is satisfied that an act or omission of an exporter who has given an undertaking under subsection 269TG(4) is a violation of that undertaking; and
 (b) at the time of, or at any time after, that act or omission, security has been taken under section 42 in respect of any interim duty that might be payable under section 8 of the Dumping Duty Act on goods of the kind to which the undertaking relates or the Commonwealth had the right to require and take such security;
subsection (1) of this section does not prevent the publication of a notice under subsection 269TG(1) in respect of goods that:
 (c) have been exported by the exporter; and
 (d) are of the kind to which the undertaking relates; and
 (e) have been entered for home consumption on a day that:
 (i) was not earlier than the day on which that act or omission occurred; and
 (ii) was not more than 90 days before the day on which that security was taken or there was a right to require and take such security.
 (4C) Despite subsections (3) to (4B), the Minister must not publish a notice under subsection 269TG(1) in respect of goods that have been entered for home consumption before the date of initiation of the investigation concerned.

Countervailing duties
 (5) Subsection (1) does not prevent the publication of a notice under subsection 269TJ(1) in respect of goods that have been entered for home consumption if:
 (a) within 90 days after the entry of the goods for home consumption, security has been taken under section 42 in respect of any interim duty that might be payable on goods of the same kind under section 10 of the Dumping Duty Act or, within that period, the Commonwealth had