Document ID: chunk:federal_register_of_legislation:C2025C00155:section:269t:p9
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 269T (pt 9/11)
Character Range: 1763733–1766444

partly manufactured in Australia unless at least one substantial process in the manufacture of the goods was carried out in Australia.
 (4) For the purposes of this Part, if, in relation to goods of a particular kind, there is a person or there are persons who produce like goods in Australia:
 (a) there is an Australian industry in respect of those like goods; and
 (b) subject to subsection (4A), the industry consists of that person or those persons.
 (4A) Where, in relation to goods of a particular kind first referred to in subsection (4), the like goods referred to in that subsection are close processed agricultural goods, then, despite subsection (4), the industry in respect of those close processed agricultural goods consists not only of the person or persons producing the processed goods but also of the person or persons producing the raw agricultural goods from which the processed goods are derived.
 (4B) For the purposes of subsection (4A), processed agricultural goods derived from raw agricultural goods are not to be taken to be close processed agricultural goods unless the Minister is satisfied that:
 (a) the raw agricultural goods are devoted substantially or completely to the processed agricultural goods; and
 (b) the processed agricultural goods are derived substantially or completely from the raw agricultural goods; and
 (c) either:
 (i) there is a close relationship between the price of the processed agricultural goods and the price of the raw agricultural goods; or
 (ii) a significant part of the production cost of the processed agricultural goods, whether or not there is a market in Australia for those goods, is, or would be, constituted by the cost to the producer of those goods of the raw agricultural goods.
 (4C) Where the Minister is satisfied that sufficient information has not been furnished or is not available to enable the production cost of processed agricultural goods to be ascertained for the purpose of subsection (4B), the production cost of those goods is such amount as is determined by the Minister having regard to all relevant information.
 (4D) In this Act, a reference to variable factors relevant to the determination of duty payable under the Dumping Duty Act on particular goods the subject of a dumping duty notice or a countervailing duty notice is a reference:
 (a) if the goods are the subject of a dumping duty notice:
 (i) to the normal value of the goods; and
 (ii) to the export price of the goods; and
 (iii) to the non‑injurious price of the goods; and
 (b) if the goods are the subject of a countervailing duty notice:
 (i) to the amount of countervailable subsidy received in respect of the goods; and
 (ii) to the export price