1Name of regulation
This regulation is the Customs Tariff (Anti-Dumping) Regulation 2013.
This regulation is the Customs Tariff (Anti-Dumping) Regulation 2013.
This regulation commences on the commencement of Schedule 1 to the Customs Tariff (Anti‑Dumping) Amendment Act (No. 1) 2012.
This regulation is made under the Customs Tariff (Anti‑Dumping) Act 1975.
In this regulation:
Act means the Customs Tariff (Anti‑Dumping) Act 1975.
export price has the meaning given by section 269TAB of the Customs Act 1901.
normal value has the meaning given by section 269TAC of the Customs Act 1901.
For subsection 8(5BB) of the Act, this section prescribes methods for working out the amount of interim dumping duty payable on goods the subject of a notice under subsection 269TG(1) or (2) of the Customs Act 1901.
Combination of fixed and variable duty method
A method is:
work out the amount of the difference between:
the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and
the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and
if the export price of the particular goods is less than the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice, work out the amount of the difference; and
add the amounts worked out under paragraphs (a) and (b) to obtain the interim dumping duty payable on the goods.
The amount worked out under paragraph (2)(a) must be:
ascertained as a proportion of the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice, and applied to the greater of:
the export price of the particular goods; and
the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; or
applied by reference to a measure of the quantity of the particular goods; or
applied by reference to a combination of a proportion mentioned in paragraph (a) and the quantity mentioned in paragraph (b).
Floor price duty method
A method is to work out the difference between:
the export price of the particular goods; and
the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice;
to obtain the interim dumping duty payable on the goods.
However, subsection (4) only applies if the export price of the particular goods is less than the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice.
Fixed duty method
A method is:
work out the difference between:
the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and
the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and
apply the amount by reference to a measure of the quantity of the particular goods to obtain the interim dumping duty payable on the goods.
Ad valorem duty method
A method is:
work out the difference between:
the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and
the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and
express the result as a proportion of the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice and applied to the export price of the particular goods to obtain the interim dumping duty payable on the goods.
For subsection 9(5AB) of the Act, this section prescribes methods for working out the amount of interim third country dumping duty payable on goods the subject of a notice under subsection 269TH(1) or (2) of the Customs Act 1901.
Combination of Fixed and Variable duty method
A method is:
work out the amount of the difference between:
the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and
the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and
if the export price of the particular goods is less than the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice, work out the amount of the difference; and
add the amounts worked out under paragraphs (a) and (b) to obtain the interim third country dumping duty payable on the goods.
The amount worked out under paragraph (2)(a) must be:
ascertained as a proportion of the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice, and applied to the greater of:
the export price of the particular goods; and
the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; or
applied by reference to a measure of the quantity of the particular goods; or
applied by reference to a combination of a proportion mentioned in paragraph (a) and the quantity mentioned in paragraph (b).
Floor price duty method
A method is to work out the difference between:
the export price of the particular goods; and
the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice;
to obtain the interim third country dumping duty payable on the goods.
However subsection (4) only applies if the export price of the particular goods is less than the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice.
Fixed duty method
A method is:
work out the difference between:
the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and
the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and
apply the amount by reference to a measure of the quantity of the particular goods to obtain the interim third country dumping duty payable on the goods.
Ad valorem duty method
A method is:
work out the difference between:
the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and
the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and
express the result as a proportion of the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice and applied to the export price of the particular goods to obtain the interim dumping duty payable on the goods.