Document ID: chunk:federal_register_of_legislation:C2004A04497:body:0:p3
Version: federal_register_of_legislation:C2004A04497
Segment Type: other
Provision Reference: 
Character Range: 4908–7657

would adversely affect the business or commercial interests of any person.

     "(5D) A notice under subsection (5) applies to goods entered for home consumption on or after a day specified in the notice, which may be earlier than the day of publication of the notice but may not be a day on which an earlier notice under that subsection applied to the goods.

     "(6) The dumping duty payable on goods the subject of a notice under subsection 269TG(1) or (2) of the Customs Act is an amount equal to:

        (a)     unless paragraph (b) applies—the difference between the amounts that the Minister ascertains to be the export price and the normal value of those particular goods; or

        (b)     if, in a notice under subsection (5), the Minister determines that the whole or a part of the interim dumping duty payable on those particular goods is to be ascertained by reference to the non-injurious price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the first-mentioned notice —the difference between:

             (i) the amount that the Minister ascertains to be the export price of those particular goods; and

             (ii) the lower of the amount that the Minister ascertains to be the normal value of those particular goods and that non-injurious price.";

    (b)    by inserting in subsection (7) "interim dumping duty and" before "dumping duty";

    (c)     by omitting from subsection (8) "the dumping duty" and substituting "interim dumping duty and dumping duty".

Third country dumping duties

  5. Section 9 of the Principal Act is amended:

  (a) by omitting subsections (3), (4), (5), (5A), (5B) and (6) and substituting the following subsections:

     "(2) There is imposed, and there must be collected and paid, on goods to which this section applies by virtue of a notice under subsection 269TH(1) or (2) of the Customs Act, a special duty of Customs, to be known as third country dumping duty calculated in accordance with subsection (6).

     "(3) Pending final assessment of the third country dumping duty payable on goods the subject of a notice under subsection 269TH(1) or (2) of the Customs Act, an interim third country dumping duty is payable on those goods.

     "(4) Subject to subsection (5), the interim third country dumping duty payable on goods the subject of a notice under

subsection 269TH(1) or (2) of the Customs Act is an amount equal to the sum of:

    (a)     the difference between the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice and the normal value of goods of that kind as so ascertained, or last so ascertained; and

    (b)     if the export price of those