Document ID: chunk:federal_register_of_legislation:C2004A04498:body:0:p2
Version: federal_register_of_legislation:C2004A04498
Segment Type: other
Provision Reference: 
Character Range: 4371–7414

duty" from subsection (1) and substituting the following definitions:

     " 'countervailing duty' means duty, other than interim countervailing duty:

         (a) that is payable on goods under section 10 of the Anti-Dumping Act because of a declaration under subsection 269TJ(1) or (2) of this Act; or

                (b) that is payable on goods under section 11 of the Anti-Dumping Act;

     'dumping duty' means duty, other than interim dumping duty, that is payable on goods under section 8 or 9 of the Anti-Dumping Act;";

   (b) by inserting in subsection (1) the following definitions:

     " 'affected party', in relation to an application under section 269Z requesting that the Minister review the rate of interim duty imposed on particular goods, means:

         (a)     a person who is directly concerned with the exportation to Australia of the goods the subject of the application or who has been directly concerned with the exportation to Australia of like goods; or

         (b)     a person who is directly concerned with the importation into Australia of the goods the subject of the application or who has been directly concerned with the importation into Australia of like goods; or

         (c)     a person representing, or representing a portion of, the Australian industry producing like goods; or

         (d)     the Government of a country from which like goods have been exported to Australia;

     'importation period', in relation to goods that have been the subject of a dumping duty notice or a countervailing duty notice means:

      (a)     in respect of goods covered by a retrospective notice—the period beginning on the day of entry for home consumption of the first consignment of goods to which the retrospective notice applied and ending immediately before the day of publication of the notice; and

    (b)     in respect of goods covered by a prospective notice:

          (i) the period of 6 months beginning on the day of publication of the prospective notice; and

        (ii) each successive period of 6 months;

  'interim countervailing duty' means duty imposed under subsection 10(3B) or 11(4) of the Anti-Dumping Act;

  'interim dumping duty' means duty imposed under subsection 8(5) and, where applicable, paragraph 8(4)(b) of the Anti-Dumping Act or under subsection 9(5) and, where applicable, paragraph 9(4)(b) of that Act;

  'interim duty' means interim dumping duty or interim countervailing duty;

  'negative preliminary decision' means a decision of the kind referred to in paragraph 269X(6)(b) or (c);

  'positive preliminary decision' means a decision of the kind referred to in paragraph 269X(6)(a);

  'prospective notice' means a notice issued under subsection 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