Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) For subsection 9(5AB) of the Act, this section prescribes methods for working out the amount of interim third country dumping duty payable on goods the subject of a notice under subsection 269TH(1) or (2) of the Customs Act 1901 .
Combination of Fixed and Variable duty method
(2) A method is:
(a) work out the amount of the difference between:
(i) the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and
(ii) the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and
(b) if the export price of the particular goods is less than the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice, work out the amount of the difference; and
(c) add the amounts worked out under paragraphs (a) and (b) to obtain the interim third country dumping duty payable on the goods.
(3) The amount worked out under paragraph (2)(a) must be:
(a) ascertained as a proportion of the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice, and applied to the greater of:
(i) the export price of the particular goods; and
(ii) the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; or
(b) applied by reference to a measure of the quantity of the particular goods; or
(c) applied by reference to a combination of a proportion mentioned in paragraph (a) and the quantity mentioned in paragraph (b).
Floor price duty method
(4) A method is to work out the difference between:
(a) the export price of the particular goods; and
(b) the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice;
to obtain the interim third country dumping duty payable on the goods.
(5) However subsection (4) only applies if the export price of the particular goods is less than the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice.
Fixed duty method
(6) A method is:
(a) work out the difference between:
(i) the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and
(ii) the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and
(b) apply the amount by reference to a measure of the quantity of the particular goods to obtain the interim third country dumping duty payable on the goods.
Ad valorem duty method
(7) A method is:
(a) work out the difference between:
(i) the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and
(ii) the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and
(b) express the result as a proportion of the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice and applied to the export price of the particular goods to obtain the interim dumping duty payable on the goods.