7BTermination of inquiry by Authority

##### 7B Termination of inquiry by Authority Authority must terminate inquiry if all dumping margins are negligible (1) If: (a) application has been made for a dumping duty notice; and (b) that application has become the subject of an inquiry under subsection 7(1) by the Authority; and (c) so far as that inquiry relates to an exporter to Australia of goods the subject of the application, the Authority is satisfied that: (i) there has been no dumping by the exporter of any of those goods; or (ii) there has been dumping by the exporter of some or all of those goods but the dumping margin for the exporter, or each such dumping margin, worked out under section 269TACB of the Customs Act 1901, 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%; the Authority must recommend to the Minister that the inquiry be terminated so far as the exporter is concerned. Authority must terminate if countervailable subsidisation is negligible (2) If: (a) application is made for a countervailing duty notice; and (b) that application has become the subject of an inquiry under subsection 7(1) by the Authority; and (c) so far as that inquiry relates to an exporter to Australia of goods the subject of the application, the Authority is satisfied that: (i) no countervailable subsidy has been received in respect of any of those goods; or (ii) a countervailable subsidy has been received in respect of some or all of those goods but it never, at any time after the start of the inquiry period, exceeded the negligible level of countervailable subsidy worked out under subsection 269TDA(16) of the Customs Act 1901 as applied by subsection (7) of this section; the Authority must recommend to the Minister that the inquiry be terminated so far as the exporter is concerned. Authority must terminate inquiry if negligible volumes of dumping are found (3) If: (a) application has been made for a dumping duty notice; and (b) that application has become the subject of an inquiry under subsection 7(1) by the Authority; and (c) during the inquiry the Authority becomes satisfied that the total volume of the goods the subject of the application: (i) that have been, or may be, exported to Australia over a reasonable examination period from a particular country of export; and (ii) that have been, or may be, dumped; is negligible; the Authority must terminate the inquiry so far as it relates to that country. Authority must terminate if negligible volumes of countervailable subsidisation are found (4) If: (a) application is made for a countervailing duty notice; and (b) that application has become the subject of an inquiry under subsection 7(1) by the Authority; and (c) during the inquiry the Authority becomes satisfied that the total volume of the goods the subject of the application: (i) that have been, or may be, exported to Australia from a particular country of export during a reasonable examination period; and (ii) in respect of which a countervailable subsidy has been or may be received; is negligible; the Authority must terminate the inquiry so far as it relates to that country. Authority must terminate if dumping causes negligible injury (5) If: (a) application is made for a dumping duty notice; and (b) that application has become the subject of an inquiry under subsection 7(1) by the Authority; and (c) during the inquiry the Authority becomes satisfied, in relation to goods the subject of the application that have been, or may be, exported to Australia from a particular country of export, that: (i) there has been, or may be, dumping of some or all of those goods; but (ii) the injury, if any, to an Australian industry or an industry in a third country that has been or may be caused by that dumping is negligible; the Authority must terminate the inquiry so far as it relates to that country. Authority must terminate investigation if subsidisation causes negligible injury (6) If: (a) application is made for a countervailing duty notice; and (b) that application has become the subject of an inquiry under subsection 7(1) by the Authority; and (c) during the inquiry, the Authority becomes satisfied, in relation to goods the subject of the application that have been, or may be, exported to Australia from a particular country of export, that: (i) a countervailable subsidy has been, or may be, received in respect of some or all of those goods; but (ii) the injury, if any, to an Australian industry or an industry in a third country has been, or may be, caused by the subsidisation is negligible; the Authority must terminate the inquiry so far as it relates to that country. Application of provisions of the Customs Act 1901 (7) Subsections 269TDA(4), (5), (6), (8), (9), (10), (11), (12), (15), (16) and (17) of the Customs Act 1901 apply for the purposes of an inquiry under subsection 7(1) of this Act in the same manner as they apply for the purposes of an investigation under the Customs Act 1901 but as if: (a) references to the Comptroller were references to the Authority; and (b) the references in subsection (17) to the investigation period were references to the inquiry period.