Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p22
Version: federal_register_of_legislation:C2004A04823
Segment Type: other
Provision Reference: 
Character Range: 54697–57502

purposes of the application, of an exporter to Australia of goods the subject of the application, the Comptroller is satisfied that:

        (i) there has been no dumping by the exporter of any of those goods; or

        (ii) there has been dumping by the exporter of some or all of those goods, but the dumping margin for the exporter, or each such dumping margin, worked out under section 269TACB, when expressed as a percentage of the export price or weighted average of export prices used to establish that dumping margin, is less than 2%;

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

Comptroller must terminate if countervailable subsidisation is negligible

  "(2) If:

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

     (b) in an investigation, for the purposes of the application, of an exporter to Australia of goods the subject of the application, the Comptroller is satisfied that:

        (i) no countervailable subsidy has been received in respect of any of those goods; or

        (ii) a countervailable subsidy has been received in respect of some or all of those goods but it never, at any time after the start of the investigation period, exceeded the negligible level of countervailable subsidy under subsection (16);

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

Comptroller must terminate if negligible volumes of dumping are found

  "(3) If:

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

     (b) in an investigation for the purposes of the application the Comptroller is satisfied that the total volume of goods the subject of the application:

        (i) that have been, or may be, exported to Australia over a reasonable examination period from a particular country of export; and

        (ii) that have been, or may be, dumped;

     is negligible;

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

What is a negligible volume of dumped goods?

"(4) For the purpose of subsection (3), the total volume of goods the subject of the application that have been, or may be, exported to Australia over a reasonable examination period from the particular country of export and dumped is taken to be a negligible volume if:

     (a) when expressed as a percentage of the total Australian import volume, it is less than 3%; and

     (b) subsection (5) does not apply in relation to those first-mentioned goods.

Aggregation of volumes of dumped goods

"(5) For the purposes of subsection (4), this subsection applies in relation to goods the subject of the application that have been, or may be, exported to Australia over a reasonable examination period from the particular country of export and dumped if:

     (a) the