Document ID: chunk:federal_register_of_legislation:C2025C00155:section:269tda:p7
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 269TDA (pt 7/8)
Character Range: 1863853–1866696

Commissioner will consider whether subsection (14) applies to that country.

Cumulative assessment of injury or hindrance
 (14B) For the purpose of subsection (13A) or (14A), the Commissioner must consider the cumulative effect of exportations of goods to Australia from 2 or more countries of export if the Commissioner is satisfied that:
 (a) each of those exportations is the subject of an investigation; and
 (b) either:
 (i) all the investigations of those exportations resulted from applications under section 269TB lodged with the Commissioner on the same day; or
 (ii) the investigations of those exportations resulted from applications under section 269TB lodged with the Commissioner on different days but the investigation periods for all the investigations of those exportations overlap significantly; and
 (c) for the purposes of subsection (13A)—the dumping margin worked out under section 269TACB for the exporter for each of the exportations is at least 2% of the export price or weighted average of export prices used to establish that dumping margin; and
 (d) for the purposes of subsection (13A)—for each application, the volume of goods the subject of the application that have been, or may be, exported to Australia over a reasonable examination period (as defined in subsection 269TDA(17)) from the country of export and dumped is not taken to be negligible for the purposes of subsection 269TDA(3) because of subsection 269TDA(4); and
 (e) for the purposes of subsection (14A):
 (i) the amount of the countervailable subsidy in respect of the goods the subject of each of the exportations exceeds the negligible level of countervailable subsidy worked out under subsection 269TDA(16); and
 (ii) the volume of each of those exportations is not negligible; and
 (f) it is appropriate to consider the cumulative effect of those exportations, having regard to:
 (i) the conditions of competition between those goods; and
 (ii) the conditions of competition between those goods and like goods that are domestically produced.

Commissioner must give public notice of termination decisions
 (15) If the Commissioner decides to terminate an investigation so far as it relates to a particular exporter or country of export, the Commissioner must:
 (a) give public notice of that decision; and
 (b) ensure that:
 (i) in the case of an exporter, a copy of the notice is sent to the applicant, the exporter and the government of the country of export; or
 (ii) in the case of a country of export, a copy of the notice is sent to the applicant and the government of that country; and
 (c) inform the applicant of the applicant's right, within 30 days after the first publication of the public notice, to apply for a review of the Commissioner's decision by the Review Panel under Division 9.

Negligible countervailable subsidisation