Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 269TACAB

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%.