Customs Act 1901 – Part XVB
Certain Hollow Structural Sections
Exported from the People’s Republic of China
By Tianjin Youfa Steel Pipe Co Ltd
Findings in relation to a Review of Anti-Dumping Measures
Public notice under subsection 269ZDB(1)(a)(iii) of the Customs Act 1901
The Commissioner of the Anti-Dumping Commission has completed the review, which commenced on 30 September 2014, of the anti-dumping measures in respect of exports of certain hollow structural sections (‘the goods’) exported from the People’s Republic of China to Australia, insofar as those measures affect Tianjin Youfa Steel Pipe Co Ltd (Tianjin Youfa).
The recommendation resulting from the review, reasons for the recommendation and material findings of fact and law in relation to the review are contained in Anti-Dumping Commission Report No. 267 (REP 267).
I, KAREN ANDREWS, the Parliamentary Secretary to the Minister for Industry and Science, have considered REP 267 and have decided to accept the recommendation and reasons for the recommendation, including all material findings of fact and law set out in REP 267.
Under subsection 269ZDB(1)(a)(iii) of the Customs Act 1901 (the Act), I declare, for the purposes of the Act and the Customs Tariff (Anti-Dumping) Act 1975 (Dumping Duty Act), that, with effect from the date of publication of this notice, the dumping duty notice and countervailing duty notice currently applying to the goods is to be taken to have effect or to have had effect, in relation to Tianjin Youfa, as if different variable factors had been fixed in respect of Tianjin Youfa, relevant to the determination of duty.
The dumping duty that has been determined is an amount that has been worked out in accordance with the combination of fixed and variable duty method pursuant to subsection 5(2) of the Customs Tariff (Anti-Dumping) Regulation 2013, as detailed in the table below and the notice has effect accordingly.
The countervailing duty that has been determined is an amount that has been ascertained as a proportion of the export price of the goods pursuant to subsection 10(3B)(a) of the Customs Tariff (Anti-Dumping) Act 1975, as detailed in the table below and the notice has effect accordingly.
Exporter | Dumping margin | Subsidy margin |
Tianjin Youfa | 0.0% | 0.1% |
The actual duty liability may be higher than the effective rate of duty due to a number of factors. Affected parties should contact the Anti-Dumping Commission (the Commission) on 1300 884 159 or at clientsupport@adcommission.gov.au for further information regarding the actual duty liability calculation in their particular circumstance.
To preserve confidentiality, the revised variable factors such as ascertained export price, normal value, non-injurious price and countervailable subsidy amount will not be published. Bona fide importers of the goods can obtain details of the new rates from the Commission on telephone number 13 28 46 or at clientsupport@adcommission.gov.au.
Interested parties may seek a review of this decision by lodging an application with the Anti-Dumping Review Panel (www.adreviewpanel.gov.au) in accordance with the requirements in Division 9 of Part XVB of the Act, within 30 days of the publication of this notice.
REP 267 has been placed on the public record. The public record may be examined at the Commission office by contacting the case manager on the details provided below. Alternatively, the public record is available at www.adcommission.gov.au.
Enquiries about this notice may be directed to the case manager on telephone number +61 3 8539 2412, fax number +61 3 8539 2499 or email at operations1@adcommission.gov.au.
Dated this 15th day of July 2015
KAREN ANDREWS
Parliamentary Secretary to the Minister for Industry and Science
Overview
The Customs Act 1901, enacted by the Australian Parliament, serves as the principal legislation for regulating imports and exports, including the imposition of anti-dumping measures to protect domestic industries from unfair trading practices. This particular piece of legislation, concerning the review of anti-dumping measures for certain hollow structural sections exported from the People’s Republic of China by Tianjin Youfa Steel Pipe Co Ltd, was introduced to address the problem of potential dumping of goods by foreign entities, which can harm Australian industries by distorting market prices and competitive conditions. The review, conducted under the authority of the Anti-Dumping Commission, aims to ensure that anti-dumping measures are applied fairly and effectively, balancing the interests of domestic industries with those of exporters and consumers. The decision to accept the recommendation from the Commission and adjust the dumping and countervailing duties for Tianjin Youfa is a direct response to findings in Anti-Dumping Commission Report No. 267, which provides the basis for the modified duty rates for the specified goods.
Scope and Application
The Customs Act 1901, specifically Part XVBC, pertains to the regulation of anti-dumping measures for goods exported from the People's Republic of China by Tianjin Youfa Steel Pipe Co Ltd to Australia. This Act applies to the specific entity, Tianjin Youfa, and concerns the imposition of dumping and countervailing duties on certain hollow structural sections exported from China. The decision to revise the duties was made by the Commissioner of the Anti-Dumping Commission following a review, with the Parliamentary Secretary to the Minister for Industry and Science, Karen Andrews, accepting the recommendations and findings outlined in Anti-Dumping Commission Report No. 267. The application of the Act in this context is Commonwealth-wide, given that it involves federal anti-dumping measures. The determination of duties under this Act may be subject to further review by the Anti-Dumping Review Panel, as provided for in Division 9 of Part XVB of the Act. The exclusion of certain confidential information such as the ascertained export price and normal value from public disclosure ensures the protection of proprietary business data, while allowing bona fide importers to obtain the necessary details directly from the Anti-Dumping Commission.
Key Provisions
The Customs Act 1901 (the Act) and the Customs Tariff (Anti-Dumping) Act 1975 (Dumping Duty Act) govern the application of anti-dumping measures on certain hollow structural sections exported from the People's Republic of China by Tianjin Youfa Steel Pipe Co Ltd. This legislation includes provisions for the imposition of dumping duties and countervailing duties. Under section 269ZDB(1)(a)(iii) of the Act, the Parliamentary Secretary to the Minister for Industry and Science has accepted the findings of the Anti-Dumping Commission Report No. 267 (REP 267) and declared the revised dumping and countervailing duties for Tianjin Youfa. The dumping duty is determined using the fixed and variable duty method as per section 5(2) of the Customs Tariff (Anti-Dumping) Regulation 2013, while the countervailing duty is ascertained as a proportion of the export price according to section 10(3B)(a) of the Dumping Duty Act. The exact rates and factors are not disclosed publicly to maintain confidentiality.
Under the Act, the obligations of the parties, including Tianjin Youfa, include complying with the revised dumping and countervailing duty rates as specified in the public notice. Affected parties must ensure that their import practices adhere to these rates, and they can seek clarification from the Anti-Dumping Commission regarding the calculation of their actual duty liability. Bona fide importers of the goods can obtain confidential details of the new rates from the Commission. The Anti-Dumping Review Panel is also available for any review applications lodged within 30 days of the notice's publication, as per the requirements in Division 9 of Part XVB of the Act.
Any breaches of the anti-dumping measures or failure to comply with the imposed duties could lead to civil and criminal consequences. The Act imposes penalties for non-compliance, although the exact penalties are not specified in the notice. The determination of actual duty liability and compliance with the set rates are critical to avoid any potential penalties. Importers are encouraged to contact the Anti-Dumping Commission for detailed information to ensure they meet their obligations under the Act. The Anti-Dumping Review Panel provides a mechanism for seeking review, ensuring that parties have recourse if they believe the measures are unjustly applied.