52DAllocation of tariff rate quota entitlement from the performance‑based access amount

52D Allocation of tariff rate quota entitlement from the performance‑based access amount

(1) The Secretary must, as soon as practicable after the annual application day for a quota type and a quota year, allocate to applicants under section 52C amounts of tariff rate quota entitlement from the performance‑based access amount for that quota type and quota year in accordance with this section. (2) The amount of tariff rate quota entitlement to be allocated to an applicant for the quota type and quota year from the performance‑based access amount is the amount worked out using the following method statement.

Method statement

Step 1. For each applicant, determine the total weight of the applicant’s eligible past exports for the quota type and quota year.

Step 2. Using the step 1 amounts, calculate the total weight of all eligible past exports by all applicants for the quota type and quota year.

Step 3. If the step 2 amount is less than or equal to the performance‑based access amount, the amount of tariff rate quota entitlement to be allocated to an applicant is the amount of the applicant’s eligible past exports. Any unallocated tariff rate quota entitlement from the performance‑based access amount is the unallocated performance‑based access amount (the unallocated performance‑based access amount).

Step 4. If the step 2 amount is greater than the performance‑based access amount, the amount of tariff rate quota entitlement to be allocated to an applicant is an amount that reflects the applicant’s eligible past exports as a proportion of all eligible past exports using the formula in subsection (3).

Step 5. Calculate the unrestricted access amount for the quota type and quota year using:

(a) if step 3 applied—the formula in subsection (4); and

(b) if step 4 applied—the formula in subsection (5).

Note: The amount of tariff rate quota entitlement to be allocated from the unrestricted access amount for a quota type is determined using a method specified for the quota type by a provision of Chapter 3.

(3) For the purposes of step 4 of the method statement in subsection (2), the formula is: Start formula start fraction Applicant's eligible past exports over All eligible past exports end fraction times Performance-based access amount end formula where:

all eligible past exports is the total weight of all eligible past exports by all applicants for the quota type and quota year.

applicant’s eligible past exports is the total weight of the applicant’s eligible past exports for the quota type and quota year.

performance‑based access amount is the performance‑based access amount for the quota type and quota year.

(4) For the purposes of paragraph (a) of step 5 of the method statement in subsection (2), the formula is: Start formula open bracket Annual access amount minus Performance-based access amount close bracket plus Unallocated performance-based access amount end formula where:

annual access amount is the annual access amount for the quota type and quota year.

performance‑based access amount is the performance‑based access amount for the quota type and quota year.

unallocated performance‑based access amount is the unallocated performance‑based access amount for the quota type and quota year.

(5) For the purposes of paragraph (b) of step 5 of the method statement in subsection (2), the formula is: Start formula Annual access amount minus Performance-based access amount end formula where:

annual access amount is the annual access amount for the quota type and quota year.

performance‑based access amount is the performance‑based access amount for the quota type and quota year.