Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p33
Version: federal_register_of_legislation:C2004A04823
Segment Type: other
Provision Reference: 
Character Range: 82679–85515

(b) may accept an undertaking whether or not the acceptance of such an undertaking is the subject of a recommendation from the Authority in a report under section 7 of that Act; and

 (c) must not:

        (i) give a notice to a government or exporter under subsection (2A); or

        (ii) accept an undertaking from a government or an exporter;

    in respect of particular goods or like goods unless a preliminary finding has been made that there are grounds for publication of a countervailing duty notice in respect of those like goods; and

    (d) must not accept an undertaking from an exporter unless the government of the country of export consents to the giving of the undertaking; and

 (e) must give public notice of any undertaking so accepted.

"(3D) The acceptance by the Minister of an undertaking may be subject to conditions that include, but are not limited to, conditions relating to:

    (a) giving the Minister, on an agreed basis, information that is relevant to the fulfilment of the undertaking; and

    (b) providing the Minister with appropriate access to such information.

   "(3E) The acceptance by the Minister of an undertaking from an exporter does not prevent the exporter requesting the Minister to determine whether, had the undertaking not been accepted, the Minister would have published a countervailing duty notice or would have decided not to publish such a notice.

   "(3F) The Minister must, if an exporter makes such a request, and may, on his or her own initiative, determine whether he or she would have published a countervailing duty notice or would have decided not to publish such a notice if the undertaking had not been accepted.

   "(3G) Subsection (3F) does not imply that the Minister is required to make a determination under that subsection before the Minister has received a report of the Authority in relation to the matter.

   "(3H) If the Minister determines under subsection (3F) that he or she would have decided not to publish a countervailing duty notice, the undertaking automatically lapses.";

  (g) by omitting paragraph (4)(b) and substituting the following paragraph:

   "(b) those duties are imposed because it is alleged that a countervailable subsidy is received in respect of goods of that kind; and";

(h) by omitting from paragraph (4)(c) "by reason of the payment or grant of that subsidy, bounty, reduction or remission of freight or other financial assistance" and substituting "because of the receipt of that subsidy";

(i) by omitting from subsection (4) "notice published in the Gazette" and substituting "public notice";

(j) by omitting paragraph (4)(e) and substituting the following paragraph:

   "(e) in respect of which a countervailable subsidy is received.";

(k) by omitting from subsection (5) "notice published in the Gazette" and