Document ID: chunk:federal_register_of_legislation:C2016C00716:section:8:p4
Version: federal_register_of_legislation:C2016C00716
Segment Type: section
Provision Reference: s 8 (pt 4/4)
Character Range: 10260–12245

not offered for sale in Australia to all purchasers on equal terms under like conditions having regard to the custom and usage of trade;
 (b) that a Tariff Concession Order under Part XVA of the Customs Act 1901 in respect of the goods is in force;
 (c) that:
 (i) where the goods are goods to which section 8 of the Customs Tariff Act 1995 applies—the item in Schedule 4 to that Act that applies to the goods is expressed to apply to goods, or to a class or kind of goods, as prescribed by by‑law; and
 (ii) suitably equivalent goods the produce or manufacture of Australia are not reasonably available;
 (d) that:
 (i) the tariff classification in Schedule 3 to that Act that applies to the goods is such that no duty is payable in respect of the goods or the duty payable in respect of the goods is at a rate equivalent to a rate payable under Schedule 4 on the goods; and
 (ii) suitably equivalent goods the produce or manufacture of Australia are not reasonably available; or
 (e) that the goods, being articles of merchandise, are for use as samples for the sale of similar goods.
 (8) Where the Minister exempts goods from interim dumping duty and dumping duty under subsection (7) by reason of his or her being satisfied as to a matter specified in paragraph (7)(a), (c) or (d), the instrument of exemption shall be published on the Anti‑Dumping Commission's website.
 (8A) An instrument of exemption under subsection (7) takes effect on the day specified in the instrument. That day may be earlier or later than the day the instrument is made but, if the exemption is given because of an application for exemption, must not be earlier than the day the application is made.

Interpretation
 (9) In this section, a reference to a Tariff Concession Order includes a reference to a Commercial Tariff Concession Order made under Part XVA of the Customs Act as in force before section 10 of the Customs Legislation (Tariff Concessions and Anti‑Dumping) Amendment Act 1992 commences.