Document ID: chunk:federal_register_of_legislation:C2025C00155:section:269tda:p2
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 269TDA (pt 2/8)
Character Range: 1851592–1854256

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 volume of such goods that have been, or may be, so exported from that country and dumped, when expressed as a percentage of the total Australian import volume, is less than 3%; and
 (b) the volume of goods the subject of the application that have been, or may be, exported to Australia over that period from another country of export and dumped, when expressed as a percentage of the total Australian import volume, is also less than 3%; and
 (c) the total volume of goods the subject of the application that have been, or may be, exported to Australia over that period from the country to which paragraph (a) applies, and from all countries to which paragraph (b) applies, and dumped, when expressed as a percentage of the total Australian import volume, is more than 7%.

Negligible dumping margins to count in determining volume
 (6) The fact that the dumping margin, or each of the dumping margins, in relation to a particular exporter, 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%, does not prevent exports by that exporter being taken into account:
 (a) in working out the total volume of goods that have been, or may be, exported from a country of export and dumped; and
 (b) in aggregating, for the purposes of subsection (5), the volumes of goods that have been, or may be, exported from that country of export and other countries of export and dumped.

Commissioner must terminate if negligible volumes of countervailable subsidisation are found
 (7) If:
 (a) application is made for a countervailing duty notice; and
 (b) in an investigation for the purposes of the application, the Commissioner is satisfied that the total volume of goods the subject of the application:
 (i) that have been, or may be, exported to Australia from a particular country of export during a reasonable examination period; and
 (ii) in respect of which a countervailable subsidy has been, or may be, received;
  is negligible;
the Commissioner must terminate the investigation so far as it relates to that country.

What is a negligible volume of subsidised goods?
 (8) For the purposes of subsection (7), the total volume of goods the subject of the application for a