269SNWhat this Division is about

#### 269SN What this Division is about This Division deals with preliminary matters. The Division principally: • sets out essential definitions and interpretations; • provides the basis for determining various factors (such as normal value, export price and non-injurious price) necessary to decide whether dumping or countervailable subsidisation has occurred; • sets out the criteria for the use of those factors in so deciding; • provides the basis for determining whether dumping or subsidisation is causing material injury to Australian industry; • identifies circumstances in which the Part does not apply; • empowers the Minister to direct the CEO in relation to the CEO’s powers and duties. 4 Subsection 269T(1) (definition of affected party) Omit “section 269Z requesting that the Minister review the rate of interim duty”, substitute “Division 5 for review of anti-dumping measures”. 5 Subsection 269T(1) (paragraphs (a) and (b) of the definition of affected party) Omit “the subject of the application”, substitute “to which the measures relate”. 6 Subsection 269T(1) (definition of Anti‑Dumping Act) Repeal the definition. 7 Subsection 269T(1) (definition of Authority) Repeal the definition. 8 Subsection 269T(1) (definition of investigation period) Omit all the words after “specified by”, substitute “the CEO in a notice under subsection 269TC(4) to be the investigation period in relation to the application”. 9 Subsection 269T(1) (definition of new exporter) Omit all the words after “any time during”, substitute: the period: (a) starting at the start of the investigation period in relation to the application; and (b) ending immediately before the day the CEO places on the public record the statement of essential facts in relation to the investigation of the application. 10 Subsection 269T(1) Insert: > anti-dumping measures, in respect of goods, means: (a) the publication of a dumping duty notice or a countervailing duty notice or both; or (b) the acceptance of an undertaking under section 269TG or 269TJ or of undertakings under both of these sections; in relation to such goods. 11 Subsection 269T(1) Insert: > Dumping Duty Act means the Customs Tariff (Anti-Dumping) Act 1975. 12 Subsection 269T(1) Insert: > preliminary affirmative determination means a determination made under section 269TD. 13 Subsection 269T(1) Insert: > 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. 14 Subsection 269T(1) Insert: > public record means the public record maintained under section 269ZJ. 15 Subsection 269T(1) Insert: > Review Officer means the person from time to time holding the office of Trade Measures Review Officer established under Division 8 and includes a person acting in that office. 16 Subsection 269T(2) Repeal the subsection, substitute: (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. 17 Paragraph 269T(4D)(a) Repeal the paragraph, substitute: (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 18 Subparagraph 269T(4D)(b)(ii) Repeal the subparagraph, substitute: (ii) to the export price of the goods; and (iii) to the non-injurious price of the goods. 19 Subsection 269T(4E) Omit “the determination of interim duty payable on goods the subject of a dumping duty notice or a countervailing duty notice”, substitute “the review, under Division 5, of anti-dumping measures taken in respect of goods”. 20 At the end of subsection 269T(4E) Add: ; 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. 21 Paragraph 269TAA(1)(c) After “will,”, insert “subsequent to the purchase or sale,”. 22 After subsection 269TAA(1) Insert: (1A) For the purposes of paragraph (1)(c), the Minister must not hold the opinion referred to in that paragraph because of a reimbursement in respect of the purchase or sale if the Minister is of the opinion that the purchase or sale will remain an arms length transaction in spite of the payment of that reimbursement, having regard to any or all of the following matters: (a) any agreement, or established trading practices, in relation to the seller and the buyer, in respect of the reimbursement; (b) the period for which such an agreement or practice has been in force; (c) whether or not the amount of the reimbursement is quantifiable at the time of the purchase or sale. 23 After subsection 269TAB(1) Insert: (1A) For the purposes of paragraph (1)(a), the reference in that paragraph to the price paid or payable for goods is a reference to that price after deducting any amount that is determined by the Minister to be a reimbursement of the kind referred to in subsection 269TAA(1A) in respect of that transaction. 24 Subsection 269TAC(1) After “paid”, insert “or payable”. 25 After subsection 269TAC(1) Insert: (1A) For the purposes of subsection (1), the reference in that subsection to the price paid or payable for like goods is a reference to that price after deducting any amount that is determined by the Minister to be a reimbursement of the kind referred to in subsection 269TAA(1A) in respect of the sales. 26 Paragraph 269TAC(2)(d) After “paid”, insert “or payable”. 27 At the end of paragraph 269TAC(2)(d) Add “, other than any amount determined by the Minister to be a reimbursement of the kind referred to in subsection 269TAA(1A) in respect of any such transactions”. 28 Subsection 269TAC(8) After “price paid” (first and second occurring), insert “or payable”. 29 Subsection 269TAC(8) Omit “that price paid” (last occurring), substitute “such a price”. 30 Paragraph 269TACB(2)(a) Omit all the words after “export prices”, substitute “over the whole of the investigation period with the weighted average of corresponding normal values over the whole of that period; or”. 31 After paragraph 269TACB(2)(a) Insert: (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 32 Paragraph 269TACB(2)(b) Omit all the words after “individual transactions”, substitute “over the whole of the investigation period with the corresponding normal values determined over the whole of that period; or”. 33 Paragraph 269TACB(2)(c) Repeal the paragraph, substitute: (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. 34 After subsection 269TACB(2) Insert: (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 2 months; 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. 35 Paragraph 269TACB(4)(b) After “those goods”, insert “and that period”. 36 After subsection 269TACB(4) Insert: (4A) To avoid doubt, a reference to a period in subsection (4) includes a reference to a part of the investigation period. 37 Paragraph 269TACB(5)(b) After “those goods”, insert “and that transaction”. 38 After section 269TAF Insert: