Commonwealth Numbered Regulations

CUSTOMS AMENDMENT REGULATIONS 2004 (NO. 2) 2004 NO. 165 - SCHEDULE 1

(regulation 3)

[1] Regulations 180 and 181

substitute

180 Determination of cost of production or manufacture (section 269TAAD of the Act)
(1) For subsection 269TAAD (5) of the Act, this regulation sets out:

(a)

the manner in which the Minister must, for paragraph 269TAAD (4) (a) of the Act, work out an amount ( the amount ) to be the cost of production or manufacture of like goods in a country of export; and

(b)

factors that the Minister must take account of for that purpose.

(2) If:

(a)

an exporter or producer of like goods keeps records relating to the like goods; and

(b) the records:

(i)

are in accordance with generally accepted accounting principles in the country of export; and

(ii)

reasonably reflect the costs associated with the production or manufacture of the like goods;

the Minister must work out the amount by using the information set out in the records.

(3) The Minister must take account of the information available to the Minister about the allocation of costs in relation to like goods, in particular to establish:

(a)

appropriate amortisation and depreciation periods; and

(b)

allowances for capital expenditures and other development costs;

including information given by the exporter or producer of the goods mentioned in subregulation (1) that demonstrates that the exporter or producer of the goods has historically used the method of allocation.

(4) If:
(a) the Minister identifies a non-recurring item of cost that benefits:

(i)

current production of the goods mentioned in subregulation (1); or

(ii)

future production of those goods; or

(iii)

current and future production of those goods; and

(b)

the information mentioned in subregulation (3) does not identify the item;

the Minister must adjust the costs identified by the exporter or producer to take that item into account.

(5) If:

(a)

the Minister identifies a circumstance in which costs, during the investigation period, are affected by start-up operations; and

(b)

the information mentioned in subregulation (3) does not identify the circumstance;

the Minister must adjust the costs identified in the information:

(c)

to take the circumstance into account; and

(d) to reflect:

(i)

the costs at the end of the start-up period; or

(ii)

if the start-up period extends beyond the investigation period — the most recent costs that can reasonably be taken into account by the Minister during the investigation.

(6)

For this regulation, the Minister may disregard any information that he or she considers to be unreliable.

(7)

A word or expression that is defined in Part XVB of the Act and used in this regulation has the meaning given by that Part.

181 Determination of administrative, selling and general costs (section 269TAAD of the Act)
(1) For subsection 269TAAD (5) of the Act, this regulation sets out:

(a)

the manner in which the Minister must, for paragraph 269TAAD (4) (b) of the Act, work out an amount ( the amount ) to be the administrative, selling and general costs associated with the sale of like goods in a country of export; and

(b)

factors that the Minister must take account of for that purpose.

(2) If:

(a)

an exporter or producer of like goods keeps records relating to the like goods; and

(b) the records:

(i)

are in accordance with generally accepted accounting principles in the country of export; and

(ii)

reasonably reflect the administrative, general and selling costs associated with the sale of the like goods;

the Minister must work out the amount by using the information set out in the records.

(3) If the Minister is unable to work out the amount by using the information mentioned in subregulation (2), the Minister must work out the amount:

(a)

by identifying the actual amounts of administrative, selling and general costs incurred by the exporter or producer in the production and sale of the same general category of goods in the domestic market of the country of export; or

(b)

by identifying the weighted average of the actual amounts of administrative, selling and general costs incurred by other exporters or producers in the production and sale of like goods in the domestic market of the country of export; or

(c)

by using any other reasonable method and having regard to all relevant information.

(4) The Minister must take account of the information available to the Minister about the allocation of costs, in particular to establish:

(a)

appropriate amortisation and depreciation periods; and

(b)

allowances for capital expenditures and other development costs;

including information given by the exporter or producer of goods that demonstrates that the exporter or producer of the goods has historically used the method of allocation.

(5) If:
(a) the Minister identifies a non-recurring item of cost that benefits:

(i)

current production of goods; or

(ii)

future production of goods; or

(iii)

current and future production of goods; and

(b)

the information mentioned in subregulation (4) does not identify the item;

the Minister must adjust the costs identified by the exporter or producer to take that item into account.

(6) If:

(a)

the Minister identifies a circumstance in which costs, during the investigation period, are affected by start-up operations; and

(b)

the information mentioned in subregulation (4) does not identify the circumstance;

the Minister must adjust the costs identified in the information:

(c)

to take the circumstance into account; and

(d) to reflect:

(i)

the costs at the end of the start-up period; or

(ii)

if the start-up period extends beyond the investigation period — the most recent costs that can reasonably be taken into account by the Minister during the investigation.

(7)

For this regulation, the Minister may disregard any information that he or she considers to be unreliable.

(8)

A word or expression that is defined in Part XVB of the Act and used in this regulation has the meaning given by that Part.

181A Determination of profit (subsection 269TAC (5B) of the Act)
(1) For subsection 269TAC (5B) of the Act, this regulation sets out:

(a)

the manner in which the Minister must, for subparagraph 269TAC (2) (c) (ii) or (4) (e) (ii) of the Act, work out an amount ( the amount ) to be the profit on the sale of goods; and

(b)

factors that the Minister must take account of for that purpose.

(2)

For subregulation (1), the Minister must, if reasonably possible, work out the amount by using data relating to the production and sale of like goods by the exporter or producer of the goods in the ordinary course of trade.

(3) If the Minister is unable to work out the amount by using the data mentioned in subregulation (2), the Minister must work out the amount:

(a)

by identifying the actual amounts realised by the exporter or producer from the sale of the same general category of goods in the domestic market of the country of export; or

(b)

by identifying the weighted average of the actual amounts realised by other exporters or producers from the sale of like goods in the domestic market of the country of export; or

(c)

subject to subregulation (4), by using any other reasonable method and having regard to all relevant information.

(4) If:

(a)

the Minister uses a method of calculation under paragraph (3) (c) to work out an amount representing the profit of the exporter or producer of the goods; and

(b)

the amount worked out exceeds the amount of profit normally realised by other exporters or producers on sales of goods of the same general category in the domestic market of the country of export;

the Minister must disregard the amount by which the amount worked out exceeds the amount of profit normally realised by other exporters or producers.

(5)

For this regulation, the Minister may disregard any information that he or she considers to be unreliable.

(6)

A word or expression that is defined in Part XVB of the Act and used in this regulation has the meaning given by that Part.