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CUSTOMS ACT 1901 - SECT 269TK

Third country countervailing duties

  (1)   Subject to section   269TN, where the Minister is satisfied, as to any goods produced or manufactured in a particular country that have been exported to Australia, that:

  (a)   a countervailable subsidy has been received in respect of the goods; and

  (b)   because of that:

  (i)   material injury to an industry in a third country engaged in the production or manufacture of like goods has been or is being caused or is being threatened; or

  (ii)   in a case where security has been taken under section   42 in respect of any interim duty that may become payable on the goods under this section--material injury to an industry in a third country engaged in the production or manufacture of like goods would or might have been caused if the security had not been taken;

the Minister, if requested by the Government of the third country to do so, may, by public notice, declare that section   11 of that Act applies:

  (c)   to the goods in respect of which the Minister is so satisfied; and

  (d)   to like goods that were exported to Australia after the Commissioner made a preliminary affirmative determination under section   269TD in respect of the goods referred to in paragraph   (c) but before the publication of that notice.

  (2)   Where the Minister is satisfied, as to goods of any kind produced or manufactured in a particular country that:

  (a)   a countervailable subsidy:

  (i)   has been received in respect of goods the subject of the application that have already been exported to Australia; and

  (ii)   may be received in respect of like goods that may be exported to Australia in the future; and

  (b)   by reason thereof material injury to an industry in a third country engaged in the production of like goods has been or is being caused or is being threatened;

the Minister, if requested by the Government of the third country so to do, may, by public notice (whether or not he or she has made, or makes, a declaration under subsection   (1) in respect of like goods that have been exported to Australia), declare that section   11 of the Dumping Duty Act applies to like goods that are exported to Australia after the date of publication of the notice or such later date as is specified in the notice.

  (3)   If the Minister is satisfied that adequate information as to the amount of countervailable subsidy in relation to goods cannot be obtained for the purposes of this section, the amount of countervailable subsidy is to be taken to be such amount as is determined, in writing, by the Minister.

  (4)   For the purposes of this section, the benefit accruing to an exporter from the use of dual or multiple rates of exchange in relation to the proceeds of export sales is to be taken to be financial assistance paid to the exporter.

  (5)   Where a notice under subsection   (1) or (2) declares particular goods to be goods to which section   11 of the Dumping Duty Act applies, the notice must, subject to subsection   (6), include a statement setting out:

  (a)   the amount of countervailable subsidy that the Minister ascertained, at the time of publication of the notice, had been or would be received in respect of the goods to which the notice relates; and

  (b)   the amount that the Minister ascertained, at that time, was or would be the non - injurious price of the goods.

  (6)   If any person who has provided information to assist the Minister to ascertain:

  (a)   the amount of any countervailable subsidy received in respect of goods to which a notice under subsection   (1) or (2) relates; or

  (b)   the non - injurious price of such goods;

claims, in writing, that the information is confidential or that the inclusion in a notice under that subsection of the amount of that subsidy or of the amount of that non - injurious price would adversely affect the person's business or commercial interests:

  (c)   in accordance with subsection   269ZI(9), the Minister is not required to include a statement of that amount or that price in the notice; but

  (d)   upon request the Commissioner may provide a statement of that amount or that price to persons who, in the Commissioner's opinion, would be affected parties in any review of the rate of interim duty imposed on like goods to the goods to which the declaration relates.


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