Federal Register of Legislation - Australian Government

Primary content

Customs Tariff (Anti-Dumping) Regulation 2013

Authoritative Version
SLI 2013 No. 91 Regulations as made
This regulation prescribes methods of working out the amount of interim dumping duty for the Customs Tariff (Anti-Dumping) Act 1975.
Administered by: Industry, Innovation and Science
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s11 item 01
Registered 03 Jun 2013
Tabling HistoryDate
Tabled HR05-Jun-2013
Tabled Senate17-Jun-2013
Table of contents.

Commonwealth Coat of Arms

 

 

Customs Tariff (Anti‑Dumping) Regulation 2013

 

Select Legislative Instrument No. 91, 2013

I, Professor Marie Bashir AC CVO, Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Customs Tariff (Anti‑Dumping) Act 1975.

Dated 30 May 2013

Marie Bashir

Administrator

By Her Excellency’s Command

Jason Dean Clare

Minister for Home Affairs

 

 

  

  

  


Contents

1............ Name of regulation.............................................................................. 1

2............ Commencement................................................................................... 1

3............ Authority............................................................................................. 1

4............ Definitions.......................................................................................... 1

5............ Methods of working out interim dumping duty.................................. 1

6............ Methods of working out interim third country dumping duty............. 3

 


1  Name of regulation

                   This regulation is the Customs Tariff (Anti-Dumping) Regulation 2013.

2  Commencement

                   This regulation commences on the commencement of Schedule 1 to the Customs Tariff (Anti‑Dumping) Amendment Act (No. 1) 2012.

3  Authority

                   This regulation is made under the Customs Tariff (Anti‑Dumping) Act 1975.

4  Definitions

                   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.

5  Methods of working out interim dumping duty

             (1)  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

             (2)  A method is:

                     (a)  work out the amount of the difference between:

                              (i)  the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and

                             (ii)  the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and

                     (b)  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

                     (c)  add the amounts worked out under paragraphs (a) and (b) to obtain the interim dumping duty payable on the goods.

             (3)  The amount worked out under paragraph (2)(a) must be:

                     (a)  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:

                              (i)  the export price of the particular goods; and

                             (ii)  the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; or

                     (b)  applied by reference to a measure of the quantity of the particular goods; or

                     (c)  applied by reference to a combination of a proportion mentioned in paragraph (a) and the quantity mentioned in paragraph (b).

Floor price duty method

             (4)  A method is to work out the difference between:

                     (a)  the export price of the particular goods; and

                     (b)  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.

             (5)  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

             (6)  A method is:

                     (a)  work out the difference between:

                              (i)  the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and

                             (ii)  the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and

                     (b)  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

             (7)  A method is:

                     (a)  work out the difference between:

                              (i)  the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and

                             (ii)  the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and

                     (b)  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.

6  Methods of working out interim third country dumping duty

             (1)  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

             (2)  A method is:

                     (a)  work out the amount of the difference between:

                              (i)  the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and

                             (ii)  the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and

                     (b)  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

                     (c)  add the amounts worked out under paragraphs (a) and (b) to obtain the interim third country dumping duty payable on the goods.

             (3)  The amount worked out under paragraph (2)(a) must be:

                     (a)  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:

                              (i)  the export price of the particular goods; and

                             (ii)  the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; or

                     (b)  applied by reference to a measure of the quantity of the particular goods; or

                     (c)  applied by reference to a combination of a proportion mentioned in paragraph (a) and the quantity mentioned in paragraph (b).

Floor price duty method

             (4)  A method is to work out the difference between:

                     (a)  the export price of the particular goods; and

                     (b)  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.

             (5)  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

             (6)  A method is:

                     (a)  work out the difference between:

                              (i)  the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and

                             (ii)  the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and

                     (b)  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

             (7)  A method is:

                     (a)  work out the difference between:

                              (i)  the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and

                             (ii)  the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and

                     (b)  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.