the normal value of the exported goods for the purposes of this Part is the
sum of:
- (f)
- an amount determined by the Minister, having regard to all relevant
information, to be the value of the raw material so supplied, irrespective of
the cost actually incurred by the producer or manufacturer in procuring the
raw material so supplied; and
- (g)
- the amount of the cost actually incurred by the producer or manufacturer
in producing or manufacturing the exported goods, other than the cost actually
incurred by the producer or manufacturer in procuring the raw material so
supplied; and
- (h)
- on the assumption that the exported goods, instead of being exported, had
been sold for home consumption in the ordinary course of trade in the country
of exportan amount determined by the Minister to be the sum of the
administrative, selling and general costs associated with the sale of the
exported goods and of the profit on that sale.
- (5H)
- Without limiting the generality of paragraph (5G)(f), the Minister may
determine the amount that is to be the value of a raw material under that
paragraph in accordance with whichever of the following paragraphs the
Minister, having regard to what is appropriate and reasonable in the
circumstances of the case, determines to be appropriate, as if the raw
material were goods exported from the country of export referred to in
paragraph (5G)(a):
- (a)
- an amount equal to the price determined by the Minister to be the price of
like goods to the raw material produced or manufactured in a country
determined by the Minister and sold for home consumption in the ordinary
course of trade in that country, being sales that are arms length
transactions;
- (b)
- an amount equal to the price determined by the Minister to be the price of
like goods to the raw material produced or manufactured in a country
determined by the Minister and sold in the ordinary course of trade in arms
length transactions for exportation from that country to a third country
determined by the Minister to be an appropriate third country;
- (c)
- an amount equal to the sum of the following amounts ascertained in respect
of like goods to the raw material produced or manufactured in a country
determined by the Minister and sold for home consumption in the ordinary
course of trade in that country:
- (i)
- such amount as the Minister determines to be the cost of production or
manufacture of like goods to the raw material in that country;
- (ii)
- such amounts as the Minister determines to be the administrative, selling
and general costs associated with the sale of like goods to the raw material
in that country and the profit on that sale;
- (d)
- an amount equal to the price payable for like goods to the raw material
produced or manufactured in Australia and sold for home consumption in the
ordinary course of trade in Australia, being sales that are arms length
transactions.
- (5J)
- For the purposes of fulfilling Australia's international obligations
under an international agreement, regulations may be made to disapply
subsection (5D) or (5G) to a country.
2 Subsection 269TAC(6)
After "preceding subsections", insert "(other than
subsection (5D))".
3 After subsection 269TAC(7)
Insert:
- (7A)
- The
application of subsection (5D) or (5G) to goods that are exported to Australia
from a particular country does not preclude the application of other
provisions of this section (other than subsections (4) and (5)) to other goods
that are exported to Australia from that country.
4 Subsection 269TG(1)
Omit all the words after paragraph (b), substitute:
the Minister may, by public notice, declare that section 8 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 CEO made a
preliminary finding under section 269TD that there were sufficient grounds for
the publication of a notice under this subsection in respect of the goods
referred to in paragraph (c) but before the publication of that notice.
5 Paragraph 269TG(1)(d)
Omit "preliminary finding under section 269TD that
there were sufficient grounds for the publication of a notice under this
subsection", substitute "preliminary affirmative determination under section
269TD".
6 Subsection 269TG(2)
Omit all the words after "Anti-Dumping Act",
substitute "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".
7 Subsection 269TG(2)
Omit "Anti-Dumping Act", substitute "Dumping
Duty Act".
8 Subsection 269TH(1)
Omit all the words after paragraph (b),
substitute: the Minister, if requested by the Government of the third
country to do so, may, by public notice, declare that section 9 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 CEO made a
preliminary finding under section 269TD that there were sufficient grounds for
the publication of a notice under this subsection in respect of the goods
referred to in paragraph (c) but before the publication of that notice.
9 Paragraph 269TH(1)(d)
Omit "preliminary finding under section 269TD that
there were sufficient grounds for the publication of a notice under this
subsection", substitute "preliminary affirmative determination under section
269TD".
10 Subsection 269TH(2)
Omit all the words after "Anti-Dumping Act",
substitute "applies to like goods so produced or manufactured that are
exported to Australia after the date of publication of the notice or such
later date as is specified in the notice".
11 Subsection 269TH(2)
Omit
"Anti-Dumping Act", substitute "Dumping Duty Act".
12 Subsection 269TJ(1)
Omit all the words after paragraph (b), substitute: the Minister may, by
public notice, declare that section 10 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 CEO made a
preliminary finding under section 269TD that there were sufficient grounds for
the publication of a notice under this subsection in respect of the goods
referred to in paragraph (c) but before the publication of that notice.
13 Paragraph 269TJ(1)(d)
Omit "preliminary finding under section 269TD that
there were sufficient grounds for the publication of a notice under this
subsection", substitute "preliminary affirmative determination under section
269TD".
14 Subsection 269TJ(2)
Omit all the words after "Anti-Dumping Act",
substitute "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".
15 Subsection 269TJ(2)
Omit "Anti-Dumping Act", substitute "Dumping
Duty Act".
16 Subsection 269TK(1)
Omit all the words after paragraph (b),
substitute: 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 CEO made a
preliminary finding under section 269TD that there were sufficient grounds for
the publication of a notice under this subsection in respect of the goods
referred to in paragraph (c) but before the publication of that notice.
17 Paragraph 269TK(1)(d)
Omit "preliminary finding under section 269TD that
there were sufficient grounds for the publication of a notice under this
subsection", substitute "preliminary affirmative determination under section
269TD".
18 Subsection 269TK(2)
Omit all the words after "Anti-Dumping Act",
substitute "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".
19 Subsection 269TK(2)
Omit "Anti-Dumping Act", substitute "Dumping
Duty Act".
20 Application provisions
(1) Despite the amendments of the
Customs Act 1901 (the Customs Act ) made by items 1, 2 and 3 of this
Schedule, the Customs Act, as in force immediately before the day on which
those items commence, continues to apply in relation to applications under
subsection 269TB(1) or (2) of that Act that were made before that day as
though those amendments had not been made.
(2) Any notice given by the
Minister under subsection 269TG(1) or (2), 269TH(1) or (2), 269TJ(1) or (2) or
269TK(1) or (2) of the Customs Act on or after 1 January 1993 is taken to have
effect, and at all times on or after 1 January 1993 to have had effect, as if
it had been given under that subsection as amended and in force from time to
time.
(203/98)
[ Minister's second reading speech made in
House of
Representatives on 3 December 1998
Senate on 25 March 1999 ]