(k) a trade union representing one or more persons employed in the Australian industry producing, or likely to produce, like goods; and
(l) a person who uses the goods the subject of the application or request, or like goods, in the production or manufacture of other goods in Australia.
interim countervailing duty means:
(a) interim countervailing duty imposed under section 10 of the Dumping Duty Act; or
(b) interim third country countervailing duty imposed under section 11 of that Act.
interim dumping duty means:
(a) interim dumping duty imposed under section 8 of the Dumping Duty Act; or
(b) interim third country dumping duty imposed under section 9 of that Act.
interim duty means interim dumping duty or interim countervailing duty.
investigation period, in relation to an application for a dumping duty notice or a countervailing duty notice in respect of goods, means a period specified by the Commissioner in a notice under subsection 269TC(4) to be the investigation period in relation to the application.
like goods, in relation to goods under consideration, means goods that are identical in all respects to the goods under consideration or that, although not alike in all respects to the goods under consideration, have characteristics closely resembling those of the goods under consideration.
member country means a country that is, in its own right, a member of the World Trade Organization established by the World Trade Organization Agreement.
negative preliminary decision means a decision of the kind referred to in paragraph 269X(6)(b) or (c).
new exporter, in relation to goods the subject of an application for a dumping duty notice or a countervailing duty notice or like goods, means an exporter who did not export such goods to Australia at any time during the investigation period in relation to the application.
positive preliminary decision means a decision of the kind referred to in paragraph 269X(6)(a).
preliminary affirmative determination means a determination made under section 269TD.
production cost, in relation to processed agricultural goods, means the sum of the direct labour costs, the direct material costs and the factory overhead costs incurred in relation to those goods.
prospective notice means a notice issued under subsection 269TG(2), 269TH(2), 269TJ(2) or 269TK(2).
public notice, in relation to a decision, determination or other matter, means notice of the decision, determination or other matter published in accordance with section 269ZI.
public record means the public record maintained under section 269ZJ.
raw agricultural goods means goods directly obtained by the undertaking of any agricultural operation or any fishing operation.
residual exporter, in relation to:
(a) an investigation under this Part in relation to whether a dumping duty notice should be published; or
(b) a review under Division 5 in relation to the publication of a dumping duty notice; or
(c) an inquiry under Division 6A in relation to the continuation of a dumping duty notice;
means an exporter of goods that are the subject of the investigation, review or inquiry, or an exporter of like goods, where:
(d) the exporter’s exports were not examined as part of the investigation, review or inquiry; and
(e) the exporter was not an uncooperative exporter in relation to the investigation, review or inquiry.
retrospective notice means a notice issued under subsection 269TG(1), 269TH(1), 269TJ(1) or 269TK(1).
Review Panel means the Review Panel established under section 269ZL.
revocation declaration, in relation to particular anti‑dumping measures, means:
(a) to the extent that the measures involved the publication of a dumping duty notice or a countervailing duty notice—a declaration by the Minister that the notice is taken to be, or to have been, revoked either in relation to a particular exporter or to exporters generally or in relation to a particular kind of goods; or
(b) to the extent that the measures involved the acceptance by the Minister of an undertaking under section 269TG or 269TJ—a declaration by the Minister that the person who gave the undertaking is released from it and that the investigation giving rise to the undertaking is terminated.
revocation recommendation, in relation to particular anti‑dumping measures, means any of the following:
(a) to the extent that the measures involved the publication of a dumping duty notice or a countervailing duty notice—a recommendation by the Commissioner in a report under section 269ZDA that the notice be taken to be, or to have been, revoked either in relation to a particular exporter or to exporters generally or in relation to a particular kind of goods;
(b) to the extent that the measures involved the acceptance by the Minister of an undertaking under section 269TG or 269TJ—a recommendation by the Commissioner in a report under section 269ZDA that the Minister indicate to the person who gave the undertaking that the person is released from it and that the investigation giving rise to the undertaking is terminated.
revocation review notice, in relation to a review of anti‑dumping measures, means any of the following:
(a) a notice relating to the review that is published under subsection 269ZC(4), (5) or (6) and includes information under paragraph 269ZC(7)(bb);
(b) a notice relating to the review that is published under subsection 269ZCC(4) or (7) and includes information under paragraph 269ZCC(8)(c).
small‑medium enterprise means an enterprise of a kind prescribed in an instrument under subsection (1B).
subsidy, in respect of goods exported to Australia, means:
(a) a financial contribution:
(i) by a government of the country of export or country of origin of the goods; or
(ii) by a public body of that country or a public body of which that government is a member; or
(iii) by a private body entrusted or directed by that government or public body to carry out a governmental function;
that involves:
(iv) a direct transfer of funds from that government or body; or
(v) the acceptance of liabilities, whether actual or potential, by that government or body; or
(vi) the forgoing, or non‑collection, of revenue (other than an allowable exemption or remission) due to that government or body; or
(vii) the provision by that government or body of goods or services otherwise than in the course of providing normal infrastructure; or
(viii) the purchase by that government or body of goods or services; or
(b) any form of income or price support as referred to in Article XVI of the General Agreement on Tariffs and Trade 1994 that is received from such a government or body;
if that financial contribution or income or price support confers a benefit (whether directly or indirectly) in relation to the goods exported to Australia.
Note 1: See also subsection (2AA).
Note 2: Section 269TACC deals with whether a financial contribution or income or price support confers a benefit.
third country, in relation to goods that have been or may be exported to Australia means a country other than Australia or the country of export, or the country of origin, of those goods.
uncooperative exporter, in relation to:
(a) an investigation under this Part in relation to whether a dumping duty notice should be published; or
(b) a review under Division 5 in relation to the publication of a dumping duty notice; or
(c) an inquiry under Division 6A in relation to the continuation of a dumping duty notice;
means an exporter of goods that are the subject of the investigation, review or inquiry, or an exporter of like goods, where:
(d) the Commissioner was satisfied that the exporter did not give the Commissioner information the Commissioner considered to be relevant to the investigation, review or inquiry within a period the Commissioner considered to be reasonable; or
(e) the Commissioner was satisfied that the exporter significantly impeded the investigation, review or inquiry.
World Trade Organization Agreement means the Agreement Establishing the World Trade Organization done at Marrakesh on 15 April 1994.
(1A) The Minister may make a legislative instrument for the purposes of the definition of compliance period in subsection (1).
(1B) The Minister may, by legislative instrument, prescribe kinds of enterprises for the purposes of the definition of small‑medium enterprise in subsection (1).
(2) For the purposes of this Part, goods, other than unmanufactured raw products, are not to be taken to have been produced in Australia unless the goods were wholly or partly manufactured in Australia.
(2A) A reference in this Part to the amount of the export price of goods, to the amount of the normal value of goods, to the amount of the subsidy received in respect of goods or to the amount of freight shall, where that amount is not expressed in Australian currency, be read as a reference to the equivalent amount in Australian currency.
(2AA) Without limiting the definition of subsidy in subsection (1), a financial contribution or income or price support may confer a benefit in relation to goods exported to Australia if that contribution or support is made in relation to goods or services used in relation to the production, manufacture or export of the goods exported to Australia.
(2AD) The fact that an investigation period is specified to start at a particular time does not imply that the Minister may not examine periods before that time for the purpose of determining whether material injury has been caused to an Australian industry or to an industry of a third country.
(2AE) However, subsection (2AD) does not permit any determination under this Part that dumping has occurred by reference to goods exported to Australia before the start of the investigation period.
Note: Section 269TACB requires a determination of whether dumping has occurred by reference to goods exported to Australia during the investigation period.
(2B) For the purposes of this Part, where, during the exportation of goods to Australia, the goods pass in transit from a country through another country, that other country shall be disregarded in ascertaining the country of export of the goods.
(3) For the purposes of subsection (2), goods shall not be taken to have been partly manufactured in Australia unless at least one substantial process in the manufacture of the goods was carried out in Australia.
(4) For the purposes of this Part, if, in relation to goods of a particular kind, there is a person or there are persons who produce like goods in Australia:
(a) there is an Australian industry in respect of those like goods; and
(b) subject to subsection (4A), the industry consists of that person or those persons.
(4A) Where, in relation to goods of a particular kind first referred to in subsection (4), the like goods referred to in that subsection are close processed agricultural goods, then, despite subsection (4), the industry in respect of those close processed agricultural goods consists not only of the person or persons producing the processed goods but also of the person or persons producing the raw agricultural goods from which the processed goods are derived.
(4B) For the purposes of subsection (4A), processed agricultural goods derived from raw agricultural goods are not to be taken to be close processed agricultural goods unless the Minister is satisfied that:
(a) the raw agricultural goods are devoted substantially or completely to the processed agricultural goods; and
(b) the processed agricultural goods are derived substantially or completely from the raw agricultural goods; and
(c) either:
(i) there is a close relationship between the price of the processed agricultural goods and the price of the raw agricultural goods; or
(ii) a significant part of the production cost of the processed agricultural goods, whether or not there is a market in Australia for those goods, is, or would be, constituted by the cost to the producer of those goods of the raw agricultural goods.
(4C) Where the Minister is satisfied that sufficient information has not been furnished or is not available to enable the production cost of processed agricultural goods to be ascertained for the purpose of subsection (4B), the production cost of those goods is such amount as is determined by the Minister having regard to all relevant information.
(4D) In this Act, a reference to variable factors relevant to the determination of duty payable under the Dumping Duty Act on particular goods the subject of a dumping duty notice or a countervailing duty notice is a reference:
(a) if the goods are the subject of a dumping duty notice:
(i) to the normal value of the goods; and
(ii) to the export price of the goods; and
(iii) to the non‑injurious price of the goods; and
(b) if the goods are the subject of a countervailing duty notice:
(i) to the amount of countervailable subsidy received in respect of the goods; and
(ii) to the export price of the goods; and
(iii) to the non‑injurious price of the goods.
(4E) In this Act, a reference to variable factors relevant to the review under Division 5 of anti‑dumping measures, or to the conduct of an anti‑circumvention inquiry in relation to a notice published under subsection 269TG(2) or 269TJ(2), in respect of goods is a reference:
(a) if the goods are the subject of a dumping duty notice—to the normal value, export price and non‑injurious price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and
(b) if the goods are the subject of a countervailing duty notice:
(i) to the amount of countervailable subsidy received in respect of the goods; and
(ia) to the export price of the goods; and
(ii) to the non‑injurious price of the goods;
as ascertained, or last ascertained, by the Minister for the purpose of the notice; and
(c) if the goods are the subject of an undertaking accepted under section 269TG—to the normal value of the goods, and the non‑injurious price of the goods, as indicated by the Minister to the exporter in negotiations relating to the acceptability of the undertaking; and
(d) if the goods are the subject of an undertaking accepted under section 269TJ—to the countervailable subsidy received in respect of the goods, and the non‑injurious price of the goods, as indicated by the Minister to the exporter or to the country of export in negotiations relating to the acceptability of the undertaking.
(5) A reference in this Act to goods the subject of an application under section 269TB is a reference to goods referred in the application:
(a) that have been imported into Australia;
(b) that are likely to be so imported; or
(c) that may be so imported, being like goods to goods to which paragraph (a) or (b) applies.
(5A) For the purposes of this Part, the weighted average of prices, values, costs or amounts in relation to goods over a particular period is to be worked out in accordance with the following formula:
A formula to calculate the weighted average of prices, values, costs or amounts in relation to goods over a particular period.
where:
P1 , P2 ... Pn means the price, value, cost or amount, per unit, in respect of the goods in the respective transactions during the period.
Q1 , Q2 ... Qn means the number of units of the goods involved in each of the respective transactions.
(5B) In working out the number of units of goods involved in a transaction, any units of goods that are, for the purposes of paragraph 269TAB(1)(b) or (c), subsection 269TAB(3), paragraph 269TAC(2)(c) or (4)(e) or subsection 269TAC(6), treated as being involved in a particular transaction are taken to be actually involved in the transaction.
(5C) A country has an economy in transition at a time if:
(a) before the time, the Government of the country had a monopoly, or a substantial monopoly, of the trade of that country and determined, or substantially influenced, the domestic price of goods in that country; and
(b) at the time, that Government does not:
(i) have a monopoly, or a substantial monopoly, of the trade of that country; or
(ii) determine, or substantially influence, the domestic price of goods in that country.
(6) Sundays and public holidays shall, notwithstanding the definition of days in section 4 be counted as days for the purpose of computing a period for the purposes of this Part but nothing in this subsection shall derogate from the operation of section 36 of the Acts Interpretation Act 1901.
269TAAA Anti‑dumping measures not to apply to New Zealand originating goods
This Part, so far as it relates to duty that may become payable under section 8 or 9 of the Dumping Duty Act, does not apply to goods that are New Zealand originating goods under Division 1E of Part VIII of this Act.
269TAAB Member countries, developing countries and special developing countries
(1) The Minister may certify that a particular country is, or was, during a specified period or on a specified day:
(a) a member country of the World Trade Organization; or
(b) a developing country, whether a member country or not; or
(c) a special developing country within the meaning of subsection (2).
(2) For the purposes of subsection (1), a country is, or was, during a specified period or on a specified day, a special developing country if:
(a) it is or was, during that period or on that day, a developing country; and
(b) it is or was, during that period or on that day:
(i) a least developed country, whether a member country or not; or
(ii) a member country that has eliminated and not restored export subsidies; or
(iii) a member country referred to in paragraph (b) of Annex VII of the Agreement on Subsidies and Countervailing Measures having a gross national product of less than $US1,000 per annum per head of population.