Document ID: chunk:federal_register_of_legislation:C2016C00716:section:8:p1
Version: federal_register_of_legislation:C2016C00716
Segment Type: section
Provision Reference: s 8 (pt 1/4)
Character Range: 3031–5639

8  Dumping duties
 (1) This section does not apply to goods that are New Zealand originating goods under Division 1E of Part VIII of the Customs Act 1901.
 (2) There is imposed, and there must be collected and paid, on goods:
 (a) to which this section applies by virtue of a notice under subsection 269TG(1) or (2) of the Customs Act; and
 (b) in relation to which the amount of the export price is less than the amount of the normal value;
a special duty of Customs, to be known as dumping duty, calculated in accordance with subsection (6).
 (3) Pending final assessment of the dumping duty payable on goods the subject of a notice under subsection 269TG(1) or (2) of the Customs Act, an interim dumping duty is payable on those goods.

Calculation of interim dumping duty
 (5) The Minister must, by signed notice, determine that the interim dumping duty payable on goods the subject of a notice under subsection 269TG(1) or (2) of the Customs Act is an amount worked out in accordance with a method specified in that signed notice. That method must be one of the methods referred to in subsection (5BB).

Notice has effect accordingly
 (5A) A notice under subsection (5) has effect accordingly.

Principles to be followed in specifying method of calculation
 (5B) 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) the non‑injurious price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice is less than the normal value of goods of that kind as so ascertained, or last so ascertained;
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 that non‑injurious price:
 (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.
 (5BAA) However, subsection (5B) does not require the Minister to have regard to the matter in that subsection if the Minister is satisfied that either or both 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