Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 Subsection 269T(1)
Insert:
"cooperative exporter" , in relation to:
(a) an investigation under this Part in relation to whether a dumping duty notice should be published; or
(b) a review under Division 5 in relation to the publication of a dumping duty notice; or
(c) an inquiry under Division 6A in relation to the continuation of a dumping duty notice;
means an exporter of goods that are the subject of the investigation, review or inquiry, or an exporter of like goods, where:
(d) the exporter's exports were examined as part of the investigation, review or inquiry; and
(e) the exporter was not an uncooperative exporter in relation to the investigation, review or inquiry.
2 Subsection 269T(1) (definition of residual exporter )
Repeal the definition, substitute:
"residual exporter" , in relation to:
(a) an investigation under this Part in relation to whether a dumping duty notice should be published; or
(b) a review under Division 5 in relation to the publication of a dumping duty notice; or
(c) an inquiry under Division 6A in relation to the continuation of a dumping duty notice;
means an exporter of goods that are the subject of the investigation, review or inquiry, or an exporter of like goods, where:
(d) the exporter's exports were not examined as part of the investigation, review or inquiry; and
(e) the exporter was not an uncooperative exporter in relation to the investigation, review or inquiry.
3 Subsection 269T(1) (definition of selected exporter )
Repeal the definition.
4 Subsection 269T(1)
Insert:
"uncooperative exporter" , in relation to:
(a) an investigation under this Part in relation to whether a dumping duty notice should be published; or
(b) a review under Division 5 in relation to the publication of a dumping duty notice; or
(c) an inquiry under Division 6A in relation to the continuation of a dumping duty notice;
means an exporter of goods that are the subject of the investigation, review or inquiry, or an exporter of like goods, where:
(d) the CEO was satisfied that the exporter did not give the CEO information the CEO considered to be relevant to the investigation, review or inquiry within a period the CEO considered to be reasonable; or
(e) the CEO was satisfied that the exporter significantly impeded the investigation, review or inquiry.
5 After section 269TAC
Insert:
(1) If:
(a) one of the following applies:
(i) there is an investigation under this Part in relation to whether a dumping duty notice or countervailing duty notice should be published;
(ii) there is a review under Division 5 in relation to the publication of a dumping duty notice or countervailing duty notice;
(iii) there is an inquiry under Division 6A in relation to the continuation of a dumping duty notice or countervailing duty notice; and
(b) the number of exporters from a particular country of export in relation to the investigation, review or inquiry is so large that it is not practicable to examine the exports of all of those exporters;
then the investigation, review or inquiry may be carried out, and findings may be made, on the basis of information obtained from an examination of a selected number of those exporters:
(c) who constitute a statistically valid sample of those exporters; or
(d) who are responsible for the largest volume of exports to Australia that can reasonably be examined.
(2) If information is submitted by an exporter not initially selected under subsection ( 1) for the purposes of an investigation, review or inquiry, the investigation, review or inquiry must extend to that exporter unless to so extend it would prevent its timely completion.
269TACAB Dumping duty notice--export prices and normal values for different categories of exporters
Uncooperative exporters
(1) If one of the following applies:
(a) there is an investigation under this Part in relation to whether a dumping duty notice should be published;
(b) there is a review under Division 5 in relation to the publication of a dumping duty notice;
(c) there is an inquiry under Division 6A in relation to the continuation of a dumping duty notice;
then:
(d) if the export price of goods for an uncooperative exporter is to be worked out in relation to the investigation, review or inquiry--that export price is to be worked out under subsection 269TAB(3); and
(e) if the normal value of goods for an uncooperative exporter is to be worked out in relation to the investigation, review or inquiry--that normal value is to be worked out under subsection 269TAC(6).
Residual exporters
(2) If:
(a) one of the following applies:
(i) there is an investigation under this Part in relation to whether a dumping duty notice should be published;
(ii) there is a review under Division 5 in relation to the publication of a dumping duty notice;
(iii) there is an inquiry under Division 6A in relation to the continuation of a dumping duty notice; and
(b) the investigation, review or inquiry is carried out on the basis of information obtained from an examination of a selected number of exporters as mentioned in subsection 269TACAA(1);
then:
(c) if the export price of goods for a residual exporter is to be worked out in relation to the investigation, review or inquiry--that export price must not be less than the weighted average of export prices for like goods of cooperative exporters from the same country of export; and
(d) if the normal value of goods for a residual exporter is to be worked out in relation to the investigation, review or inquiry--that normal value must not exceed the weighted average of normal values for like goods of cooperative exporters from the same country of export.
(3) To the extent that subsection ( 2) applies in relation to an investigation, the weighted average of export prices, and the weighted average of normal values, of the cooperative exporters must not include any export price or normal value if, in a comparison under section 269TACB involving that export price or normal value, the Minister has determined:
(a) that there is no dumping; or
(b) 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%.
6 Subsections 269TACB(7), (8) and (9)
Repeal the subsections.
7 Subsections 269TG(3B) and (3C)
Repeal the subsections.
8 Subsections 269TH(5) and (6)
Repeal the subsections.
9 Paragraphs 269ZE(2)(b) and (3)(b)
Omit "who was a selected exporter", substitute "whose exports were examined".
10 Subsection 269ZE(4)
Omit "who is a selected exporter".
11 Application provision
The amendments made by this Schedule apply in relation to investigations that are initiated, or to reviews or inquiries that begin, on or after the commencement of this Schedule.