Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p29
Version: federal_register_of_legislation:C2004A04823
Segment Type: other
Provision Reference: 
Character Range: 72326–75121

notice";

    (b) by omitting from subsection (2) "notice published in the Gazette" and substituting "public notice";

    (c) by inserting in paragraph (3A)(a) "in accordance with subsection 269ZI(9)", before "the Minister";

    (d) by omitting subsections (4), (4A) and (5) and substituting the following subsections:

    "(3B) In ascertaining a normal value and export price for goods of the residual exporter, the Minister must ensure that:

        (a) the normal value does not exceed the weighted average of normal values for like goods of selected exporters from the same country of export; and

        (b) the export price is not less than the weighted average of export prices for like goods of selected exporters from the same country of export.

"(3C) For the purposes of subsection (3B), the weighted average of normal values and the weighted average of export prices of the selected exporters must not include any normal value or export price if:

    (a) in a comparison under section 269TACB involving that normal value or export price, the Minister has determined:

        (i) that there is no dumping; or

        (ii) that the dumping margin, 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%; or

    (b) that normal value was determined under subsection 269TAC(6) or that export price was determined under subsection 269TAB(3).

"(3D) If the export of a consignment of goods to Australia by an exporter has been under consideration by the Minister so as to decide whether or not to publish a dumping duty notice under this section in relation to the goods in the consignment or to like goods, the Minister may give notice, in writing, to the exporter stating that:

    (a) the Minister is of the opinion that it would be appropriate for the exporter to give an undertaking in accordance with subsection (4) to the Minister; and

    (b) an undertaking, in the terms set out in the notice, would be satisfactory to the Minister.

"(4) Whether or not a notice has been given to an exporter, the Minister may defer the decision to publish or not to publish a dumping duty notice covering that exporter, for so long as the Minister considers appropriate, if the exporter offers, and the Minister accepts, an undertaking that the exporter will so conduct future trade to Australia in like goods as to avoid:

    (a) causing or threatening material injury to an Australian industry producing like goods; or

    (b) materially hindering the establishment of such an Australian industry.

"(5) In giving a notice, and in considering the terms of any proposed undertaking, the Minister must have regard to the desirability that any price increase to which the undertaking relates is