Document ID: chunk:federal_register_of_legislation:F2025C00088:reg:46
Version: federal_register_of_legislation:F2025C00088
Segment Type: reg
Provision Reference: reg 46
Character Range: 87782–90073

46  Calculation of tariff rate quota entitlement after reclamation day
 (1) For the purposes of paragraph 45(2)(b) and subject to this section, the amount of tariff rate quota entitlement to be allocated to an applicant for a quota type and a quota year is the amount worked out using the following formula:
where:
all eligible past exports is the total weight of all eligible past exports by all applicants for the quota type and that quota year.
applicant's eligible past exports is the total weight of the applicant's eligible past exports for the quota type and quota year.
uncommitted annual access amount is the uncommitted annual access amount for the quota type and quota year at the time the Secretary makes the allocation.
 (2) If the amount worked out under subsection (1) for any applicant (a quota‑filled applicant) is more than the amount of tariff rate quota entitlement the applicant applied for:
 (a) the amount of tariff rate quota entitlement to be allocated to each quota‑filled applicant is equal to the amount of tariff rate quota entitlement that applicant applied for; and
 (b) the amount of tariff rate quota entitlement to be allocated to each applicant who is not a quota‑filled applicant must be recalculated under subsection (1); and
 (c) for the purposes of the recalculation:
 (i) each quota‑filled applicant is taken not to be an applicant; and
 (ii) the uncommitted annual access amount is taken to be reduced by the total amount of tariff rate quota entitlement to be allocated to quota‑filled applicants.
 (3) The recalculation mentioned in subsection (2) must be repeated until subsection (2) no longer applies in relation to any applicant.
 (4) The amount of tariff rate quota entitlement to be allocated to each applicant, as calculated under subsections (1) to (3), must be rounded to the nearest kilogram, with 0.5 of a kilogram to be rounded up.
 (5) However, if the sum of the tariff rate quota entitlements to be allocated exceeds the uncommitted annual access amount for the quota type and quota year at the time the Secretary makes the allocation, the amount of tariff rate quota entitlement to be allocated to each applicant must be rounded down to the nearest kilogram instead.

Division 6—Tariff rate quota certificates after reclamation day