Document ID: chunk:federal_register_of_legislation:C2016C00716:section:8:p2
Version: federal_register_of_legislation:C2016C00716
Segment Type: section
Provision Reference: s 8 (pt 2/4)
Character Range: 5382–8058

ascertained under subsection 269TAC(1) of that Act because of the operation of subparagraph 269TAC(2)(a)(ii) of that Act;
 (b) there is an Australian industry in respect of like goods that consists of at least 2 small‑medium enterprises, whether or not that industry consists of other enterprises.
 (5BA) If:
 (a) the Minister is required to perform the function under subsection (5) in respect of goods the subject of a notice under subsection 269TG(1) or (2) of the Customs Act; and
 (b) in respect of the same goods and at the same time as that notice was published, a notice under section 269TJ of that Act was also published;
the Minister must, in performing that function, have regard to the desirability of specifying a method such that the sum of the following does not exceed the non‑injurious price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of those notices:
 (c) the export price of goods of that kind as so ascertained or last so ascertained;
 (d) the interim dumping duty payable on the goods the subject of the notice under subsection 269TG(1) or (2) of the Customs Act;
 (e) the interim countervailing duty payable under section 10 on the goods the subject of the notice under section 269TJ of that Act.
 (5BAAA) However, subsection (5BA) does not require the Minister to have regard to the matter in that subsection if the Minister is satisfied that one or more of the following apply in relation to the goods the subject of the notice under subsection 269TG(1) or (2) of the Customs Act:
 (a) the normal value of the goods was not ascertained under subsection 269TAC(1) of that Act because of the operation of subparagraph 269TAC(2)(a)(ii) of that Act;
 (b) there is an Australian industry in respect of like goods that consists of at least 2 small‑medium enterprises, whether or not that industry consists of other enterprises;
 (c) if a countervailable subsidy has been received in respect of the goods—the country in relation to which the subsidy has been provided has not complied with Article 25 of the Agreement on Subsidies and Countervailing Measures for the compliance period.

Methods available for calculating interim dumping duty
 (5BB) The regulations must prescribe the methods for working out the amount of interim dumping duty payable on goods the subject of notices under subsection 269TG(1) or (2) of the Customs Act.
 (5BC) Those methods must refer to one or more of the following matters:
 (a) the export price of the goods the subject of the notice under subsection 269TG(1) or (2) of the Customs Act;
 (b) the export price of goods of that kind as ascertained, or last ascertained, by the