Document ID: chunk:federal_register_of_legislation:C2004A04498:body:0:p3
Version: federal_register_of_legislation:C2004A04498
Segment Type: other
Provision Reference: 
Character Range: 7113–9962

269TG(2), 269TH(2), 269TJ(2) or 269TK(2);

  'retrospective notice' means a notice issued under subsection 269TG(1), 269TH(1), 269TJ(1) or 269TK(1).";

(c) by inserting after subsection (4C) the following subsections:

  "(4D) In this Act, a reference to variable factors relevant to the determination of duty payable under the Anti-Dumping Act on particular goods the subject of a dumping duty notice or a countervailing duty notice is a reference:

        (a) if the goods are the subject of a dumping duty notice—to the normal value and export price of the goods; and

      (b) if the goods are the subject of a countervailing duty notice:

          (i) to the amount of subsidy, bounty, reduction or remission of freight or other financial assistance paid or granted on the production, manufacture, carriage or export of the goods; and

        (ii) to the export price of the goods.

  "(4E) In this Act, a reference to variable factors relevant to the determination of interim duty payable on goods the subject of a dumping duty notice or a countervailing duty notice is a reference:

         (a)     if the goods are the subject of a dumping duty notice—to the normal value, export price and non-injurious price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and

         (b)     if the goods are the subject of a countervailing duty notice:

             (i) to the amount of subsidy, bounty, reduction or remission of freight or other financial assistance paid or granted on the production, manufacture, carriage or export of the goods; and

          (ii) to the non-injurious price of the goods;

         as ascertained, or last ascertained, by the Minister for the purpose of the notice.".

Insertion of new section

  5. After section 269TAC the following section is inserted:

Non-injurious price

"269TACA. The non-injurious price of goods exported to Australia is the minimum price necessary:

    (a)     if the goods are the subject of, or of an application for, a dumping duty notice under subsection 269TG(1) or (2)—to prevent the injury, or a recurrence of the injury, or to remove the hindrance, referred to in paragraph 269TG(1)(b) or (2)(b); or

    (b)     if the goods are the subject of, or of an application for, a third country dumping duty notice under subsection 269TH(1) or (2)—to prevent the injury, or a recurrence of the injury, referred to in paragraph 269TH(1)(b) or (2)(b); or

    (c)     if the goods are the subject of, or of an application for, a countervailing duty notice under subsection 269TJ(1) or (2)—to prevent the injury, or a recurrence of the injury, or to remove the hindrance, referred to in paragraph 269TJ(1)(b) or (2)(b); or

    (d)     if the goods are the subject of, or of an application for, a third country countervailing