Document ID: chunk:federal_register_of_legislation:C2025C00155:section:269x:p2
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 269X (pt 2/3)
Character Range: 1929902–1932778

submission within the period allowed but subsequently supplies that information or makes that submission, the Commissioner may disregard that information or submission in considering the application.
 (5) On the basis of the information and evidence contained in the application, any other information provided under subsection (2) or (3) that is not disregarded under subsection (4) and any other information the Commissioner considers relevant, the Commissioner must:
 (a) provisionally ascertain, in relation to each consignment of goods to which the application relates, each variable factor relevant to the determination of duty payable on the goods under the Dumping Duty Act; and
 (b) having regard to those variable factors as so provisionally ascertained and, where appropriate, to the non‑injurious price of goods of that kind—provisionally calculate, in respect of each such consignment, the amount of duty payable under the Dumping Duty Act.
 (5A) Subsection (5B) of this section applies if the Commissioner proposes to ascertain provisionally, for the purposes of paragraph (5)(a) of this section, the export price of goods (under paragraph 269TAB(1)(b) or otherwise) as the difference between:
 (a) the price at which the importer of the goods sold them, in the condition in which they were imported, to someone who was not an associate of the importer; and
 (b) the prescribed deductions (as defined in subsection 269TAB(2)) relating to the goods.
 (5B) In provisionally ascertaining the export price of goods as described in subsection (5A), the Commissioner must:
 (a) take account of the following in relation to the goods:
 (i) any change in normal value;
 (ii) any change in costs incurred between importation and resale;
 (iii) any movement in resale price which is duly reflected in subsequent selling prices; and
 (b) despite paragraph 269TAB(1)(b), not deduct the amount of interim duty if the Commissioner has conclusive evidence of the things mentioned in subparagraphs (a)(i), (ii) and (iii) of this subsection.
An expression used in this subsection and subparagraph 3.3 of Article 9 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 set out in Annex 1A to the World Trade Organization Agreement has the same meaning in this subsection as it has in that subparagraph.
 (6) On the basis of the provisional calculation of duty referred to in paragraph (5)(b), the Commissioner must decide:
 (a) if satisfied that the total interim duty paid on the goods the subject of the application exceeds the total duty payable under the Dumping Duty Act by at least the amount contended in the application—to recommend to the Minister:
 (i) that the Minister make an assessment of duty by ascertaining, for each consignment of those goods, the variable factors as so provisionally ascertained; and
 (ii) that the