Document ID: chunk:federal_register_of_legislation:C2025C00155:section:269tda:p5
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 269TDA (pt 5/8)
Character Range: 1858854–1861541

subject of the application:
 (i) that have been, or may be, exported to Australia over that period from another member country that is a developing country; and
 (ii) in respect of which a countervailable subsidy has been, or may be, received;
  when expressed as a percentage of the total Australian import volume, is less than 4%; and
 (d) the volume of goods the subject of the application:
 (i) that have been, or may be, exported to Australia over that period from the country to which paragraph (b) applies and from all countries to which paragraph (c) applies; and
 (ii) in respect of which a countervailable subsidy has been, or may be, received;
  when expressed as a percentage of the total Australian import volume, is more than 9%.

Negligible countervailable subsidies to count in determining volume
 (12) The fact that the level of countervailable subsidy that has been, or may be, received in respect of goods that have been, exported, or may be exported, to Australia from a country of export is a negligible level under subsection (16) does not prevent exports from that country being taken into account:
 (a) in working out the total volume of goods that have been, or may be, exported from a country of export and in respect of which a countervailable subsidy has been, or may be, payable; and
 (b) in aggregating, for the purposes of subsection (9), (10) or (11), volumes of goods that have been, or may be, exported to Australia from that country and other countries and in respect of which a countervailing subsidy has been, or may be, received.

Commissioner must terminate dumping investigation if export causes negligible injury etc.
 (13) Subject to subsection (13A), if:
 (a) application is made for a dumping duty notice; and
 (b) in an investigation, for the purposes of the application, of goods the subject of the application that have been, or may be, exported to Australia from a particular country of export, the Commissioner is satisfied that the injury, if any, to an Australian industry or an industry in a third country, or the hindrance, if any, to the establishment of an Australian industry, that has been, or may be, caused by that export is negligible;
the Commissioner must terminate the investigation so far as it relates to that country.
 (13A) If, in relation to the investigation referred to in subsection (13), the Commissioner, in accordance with subsection (14B), considers the cumulative effect of exportations of goods to Australia from 2 or more countries of export, then the following apply in relation to those countries:
 (a) if the Commissioner is not satisfied that the injury to an Australian industry or an industry in a third