Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p26
Version: federal_register_of_legislation:C2004A04823
Segment Type: other
Provision Reference: 
Character Range: 64777–67529

which a countervailable subsidy has been, or may be, received;

     when expressed as a percentage of the total Australian import volume, is less than 4%; and

  (d) the 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 9%.

Negligible countervailable subsidies to count in determining volume

"(12) The fact that the level of countervailable subsidy that has been, or may be, received in respect of goods that have been, exported, or may be exported, to Australia from a country of export is a negligible level under subsection (16) does not prevent exports from that country being taken into account:

     (a) in working out the total volume of goods that have been, or may be, exported from a country of export and in respect of which a countervailable subsidy has been, or may be, payable; and

     (b) in aggregating, for the purposes of subsection (9), (10) or (11), volumes of goods that have been, or may be, exported to Australia from that country and other countries and in respect of which a countervailing subsidy has been, or may be, received.

Comptroller must terminate investigation if dumping causes negligible injury

  "(13) If:

  (a) application is made for a dumping duty notice; and

     (b) in an investigation, for the purposes of the application, of goods the subject of the application that have been, or may be, exported to Australia from a particular country of export, the Comptroller is satisfied that:

        (i) there has been, or may be, dumping of some or all of those goods; but

         (ii) the injury, if any, to an Australian industry or an industry in a third country, or the hindrance, if any, to the establishment of an Australian industry, that has been, or may be, caused by that dumping is negligible;

the Comptroller must terminate the investigation so far as it relates to that country.

Comptroller must terminate investigation if subsidisation causes negligible injury

  "(14) If:

  (a) application is made for a countervailing duty notice; and

     (b) in an investigation, for the purpose of the application, of goods the subject of the application that have been, or may be, exported to Australia from a particular country of export, the Comptroller is satisfied that:

        (i) a countervailable subsidy has been, or may be, received in respect of some or all of those goods; but

        (ii) the injury, if any, to an