Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 269TACB

  (1)   If:

  (a)   application is made for a dumping duty notice; and

  (b)   export prices in respect of goods the subject of the application exported to Australia during the investigation period have been established in accordance with section   269TAB; and

  (c)   corresponding normal values in respect of like goods during that period have been established in accordance with section   269TAC;

the Minister must determine, by comparison of those export prices with those normal values, whether dumping has occurred.

  (2)   In order to compare those export prices with those normal values, the Minister may, subject to subsection   (3):

  (a)   compare the weighted average of export prices over the whole of the investigation period with the weighted average of corresponding normal values over the whole of that period; or

  (aa)   use the method of comparison referred to in paragraph   (a) in respect of parts of the investigation period as if each of these parts were the whole of the investigation period; or

  (b)   compare the export prices determined in respect of individual transactions over the whole of the investigation period with the corresponding normal values determined over the whole of that period; or

  (c)   use:

  (i)   the method of comparison referred to in paragraph   (a) in respect of a part or parts of the investigation period as if the part or each of these parts were the whole of the investigation period; and

  (ii)   the method of comparison referred to in paragraph   (b) in respect of another part or other parts of the investigation period as if that other part or each of these other parts were the whole of the investigation period.

  (2A)   If paragraph   (2)(aa) or (c) applies:

  (a)   each part of the investigation period referred to in the paragraph must not be less than 1 month; and

  (b)   the parts of the investigation period as referred to in paragraph   (2)(aa), or as referred to in subparagraphs   (2)(c)(i) and (ii), must together comprise the whole of the investigation period.

  (3)   If the Minister is satisfied:

  (a)   that the export prices differ significantly among different purchasers, regions or periods; and

  (b)   that those differences make the methods referred to in subsection   (2) inappropriate for use in respect of a period constituting the whole or a part of the investigation period;

the Minister may, for that period, compare the respective export prices determined in relation to individual transactions during that period with the weighted average of corresponding normal values over that period.

  (4)   If, in a comparison under subsection   (2), the Minister is satisfied that the weighted average of export prices over a period is less than the weighted average of corresponding normal values over that period:

  (a)   the goods exported to Australia during that period are taken to have been dumped; and

  (b)   the dumping margin for the exporter concerned in respect of those goods and that period is the difference between those weighted averages.

  (4A)   To avoid doubt, a reference to a period in subsection   (4) includes a reference to a part of the investigation period.

  (5)   If, in a comparison under subsection   (2), the Minister is satisfied that an export price in respect of an individual transaction during the investigation period is less than the corresponding normal value:

  (a)   the goods exported to Australia in that transaction are taken to have been dumped; and

  (b)   the dumping margin for the exporter concerned in respect of those goods and that transaction is the difference between that export price and that normal value.

  (6)   If, in a comparison under subsection   (3), the Minister is satisfied that the export prices in respect of particular transactions during the investigation period are less than the weighted average of corresponding normal values during that period:

  (a)   the goods exported to Australia in each such transaction are taken to have been dumped; and

  (b)   the dumping margin for the exporter concerned in respect of those goods is the difference between each relevant export price and the weighted average of corresponding normal values.

  (10)   Any comparison of export prices, or weighted average of export prices, with any corresponding normal values, or weighted average of corresponding normal values, must be worked out in respect of similar units of goods, whether determined by weight, volume or otherwise.