Document ID: chunk:federal_register_of_legislation:C2012A00195:clause:1_8
Version: federal_register_of_legislation:C2012A00195
Segment Type: clause
Provision Reference: sch 1 cl 8
Character Range: 6576–9021

8  Subsections 9(4) to (5A)
Repeal the subsections, substitute:

Calculation of interim third country dumping duty
 (5) The Minister must, by signed notice, determine that 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 worked out in accordance with a method specified in that signed notice. That method must be one of the methods referred to in subsection (5AB).

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

Principle to be followed in specifying method of calculation
 (5AA) If:
 (a) the Minister is required to perform the function under subsection (5) in respect of goods the subject of a notice under subsection 269TH(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 third country dumping duty payable on the goods the subject of the notice.

Methods available for calculating interim third country dumping duty
 (5AB) The regulations must prescribe the methods for working out the amount of interim third country dumping duty payable on goods the subject of notices under subsection 269TH(1) or (2) of the Customs Act.
 (5AC) Those methods must refer to one or more of the following matters:
 (a) the export price of the goods the subject of the notice under subsection 269TH(1) or (2) of the Customs Act;
 (b) the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice;
 (c) the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice;
 (d) the non‑injurious price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice.
 (5AD) Those methods may refer to a matter mentioned in paragraph (5AC)(a) as ascertained by the Minister.
 (5AE) Subsection (5AC) does not limit the matters that may be referred to in those methods.