Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p27
Version: federal_register_of_legislation:C2004A04823
Segment Type: other
Provision Reference: 
Character Range: 67290–70003

to Australia from a particular country of export, the Comptroller is satisfied that:

        (i) a countervailable subsidy has been, or may be, received in respect of some or all of those goods; but

        (ii) the injury, if any, to an Australian industry or an industry in a third country has been, or may be, caused by the subsidisation is negligible;

the Comptroller must terminate the investigation so far as it relates to that country.

Comptroller must give public notice of termination decisions

"(15) If the Comptroller decides to terminate an investigation so far as it relates to a particular exporter or country of export, the Comptroller must:

  (a) give public notice of that decision; and

  (b) ensure that:

        (i) in the case of an exporter, a copy of the notice is sent to the applicant, the exporter and the government of the country of export; or

        (ii) in the case of a country of export, a copy of the notice is sent to the applicant and the government of that country.

Negligible countervailable subsidisation

"(16) For the purposes of this section, a countervailable subsidy received in respect of goods exported to Australia is negligible if:

     (a) the country of export is not a developing country and the subsidy, when expressed as a percentage of the export price of the goods, is less than 1%; or

     (b) the country of export is a developing country but not a special developing country and the subsidy, when expressed as a percentage of the export price of the goods, is not more than 2%; or

     (c) the country of export is a special developing country and the subsidy, when expressed as a percentage of the export price of the goods, is not more than 3%.

Definition—reasonable examination period

  "(17) In this section:

'reasonable examination period', in relation to an application for a dumping duty notice or a countervailing duty notice in respect of goods, means a period comprising:

  (a) the whole or a substantial part of the investigation period; or

     (b) any period after the end of the investigation period that is taken into account for the purpose of considering possible future importations of goods the subject of the application;

'total Australian import volume', in relation to a volume of goods the subject of an application for a dumping duty notice or a countervailing duty notice that have been, or may be, exported to Australia from a particular country during a period, means the total volume of all goods the subject of the application and like goods that have been, or may be, exported to Australia from all countries during that period.".

Reviews by Authority

  19. Section 269TF of the Principal Act is amended: