Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p24
Version: federal_register_of_legislation:C2004A04823
Segment Type: other
Provision Reference: 
Character Range: 59748–62506

the total volume of goods the subject of the application for a countervailing duty notice that have been, or may be, exported to Australia over a reasonable examination period from the particular country of export and in respect of which a countervailable subsidy has been received is taken to be a negligible volume if:

    (a) that country of export is not a developing country and that total volume, when expressed as a percentage of the total Australian import volume, is less than 3%; or

    (b) that country of export is a developing country and that total volume, when expressed as a percentage of the total Australian import volume, is less than 4%;

and subsections (9), (10) and (11) do not apply in relation to those first-mentioned goods.

Aggregation of volumes of subsidised goods from countries other than developing countries

"(9) For the purposes of subsection (8), this subsection applies in relation to goods the subject of the application that have been, or may be, exported to Australia over a reasonable examination period from the particular country of export and in respect of which a countervailable subsidy has, or may be, been received, if:

  (a) the country of export is not a developing country; and

  (b) the volume of such goods:

         (i) that have been, or may be, exported to Australia over that period from that 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 3%; and

  (c) the volume of goods the subject of the application:

         (i) that have been, or may be, exported to Australia over that period from another country that is not 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 also less than 3%; and

  (d) the total 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 7%.

Aggregation of volumes of subsidised goods from developing countries

"(10) For the purposes of subsection (8), this subsection applies in relation to goods the subject of the application that have been, or may be, exported to Australia over a reasonable examination period from the particular country of export and in respect of which a countervailable subsidy has been,