Document ID: chunk:federal_register_of_legislation:C2004A04497:body:0:p6
Version: federal_register_of_legislation:C2004A04497
Segment Type: other
Provision Reference: 
Character Range: 12420–15153

of the notice.

"(3B) The Minister must, by signed notice, direct that the interim countervailing duty in respect of particular goods to which this section applies by virtue of a declaration under subsection 269TJ(1) or (2) be ascertained:

    (a)     as a proportion of the export price of those particular goods; or

    (b)     by reference to a measure of the quantity of those particular goods; or

    (c)     by reference to a combination of a proportion of the export price of those particular goods and a measure of the quantity of those particular goods;

and the notice has effect accordingly.

"(3C) The Minister must, in exercising his or her powers under subsection (3B) in respect of particular goods the subject of a notice under subsection 269TJ(1) or (2) of the Customs Act, if the non-injurious price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice is less than the sum of:

    (a)     the relevant subsidy in respect of goods of that kind as so ascertained, or last so ascertained; and

  (b)     the export price of those particular goods;

have regard to the desirability of fixing a lesser amount of duty such that the sum of the export price of those particular goods and the lesser duty does not exceed that non-injurious price.

"(3D) If, in the circumstances specified in section 269TJA of the Customs Act, both a notice under section 269TJ of that Act and a notice under section 269TG of that Act are published at the same time and in respect of the same goods, the Minister must, in exercising his or her powers under subsection (3B) in relation to interim countervailing duty in respect of the goods, have regard to the desirability of fixing the amount of interim

  countervailing duty in respect of the goods such that the sum of:

    (a)     the export price of those particular goods; and

      (b)     the amount of the interim countervailing duty as so fixed; and

      (c)     the amount of interim dumping duty as fixed under section 8;

  does not exceed the non-injurious price of goods of that kind, as ascertained, or last ascertained, by the Minister for the purpose of those notices.

  "(3E) The countervailing duty payable on goods the subject of a notice under subsection 269TJ(1) or (2) of the Customs Act is an amount equal to:

      (a)     unless paragraph (b) applies—the relevant subsidy in respect of those particular goods; or

      (b)     if, in a notice under subsection (3B), the Minister determines that the interim countervailing duty payable on those particular goods is to be ascertained by reference to the non-injurious price of goods of that kind—the difference between:

           (i) the amount that