Customs Act 1901 – Part XVB
Certain Quenched and Tempered Steel Plate
Exported from Sweden
Initiation of an anti-circumvention inquiry into the avoidance of the intended effect of duty
Public notice under section 269ZDBE of the Customs Act 1901
I, Dale Seymour, Commissioner of the Anti-Dumping Commission, have received an application under subsection 269ZDBC(1) of the Customs Act 1901 (the Act) from Bisalloy Steels Pty Ltd requesting that I conduct an anti-circumvention inquiry into the avoidance of the intended effect of duty applying to certain Quenched and Tempered steel plate (Q & T steel plate) exported to Australia from Sweden.
The anti-dumping measures
On 5 November 2014, anti-dumping measures, in the form of a dumping duty notice (the original dumping duty notice), were imposed by the then Parliamentary Secretary to the Minister for Industry (Parliamentary Secretary) in relation to Q & T steel plate exported from Finland, Japan and Sweden. Anti-Dumping Notice (ADN) No. 2014/123 outlines the details of the interim dumping duty applicable to Q & T steel plate exported to Australia from Finland, Japan and Sweden. This ADN is available on the internet at www.adcommission.gov.au. The anti-circumvention inquiry relates to the original dumping duty notice published under subsection 269TG(2) of the Act.
The goods
The goods subject to the anti-circumvention inquiry are:
Flat rolled products of alloyed steel plate commonly referred to as Quenched and Tempered (“Q&T”) steel plate (although some Q&T grades may not be tempered), not in coils, not further worked than hot rolled, of widths from 600mm up to and including 3,200mm, thickness between 4.5-110mm (inclusive), and length up to and including 14 metres, presented in any surface condition including but not limited to mill finished, shot blasted, primed (painted) or un-primed (unpainted), lacquered, also presented in any edge condition including but not limited to mill edge, sheared or profiled cut (i.e. by Oxy, Plasma, Laser, etc.), with or without any other minor processing (e.g. drilling).
Goods of stainless steel, silicon-electrical steel and high-speed steel, are excluded from the goods covered.
The goods are classified to tariff subheadings 7225.40.00 (statistical codes 21, 22, 23 and 24) and 7225.99.00 (statistical code 39 and 44) in Schedule 3 of the Customs Tariff Act 1995.
The anti-circumvention inquiry
After considering the application under subsection 269DZBE(1) of the Act, I am satisfied that, having regard to the matters contained in the application and to other information considered relevant:
- the application complies with section 269ZDBD of the Act; and
- there appear to be reasonable grounds for asserting that circumvention of the dumping notice may have occurred.
Accordingly, I have initiated an anti-circumvention inquiry. The inquiry will examine whether there has been any circumvention activity in the form of avoidance of the intended effect of duty, within the meaning of subsection 269ZDBB(5A) of the Act, imposed by the original dumping duty notice on certain Q & T steel plate exported to Australia from Sweden.
Particulars of the reasons for the decision to initiate this inquiry are shown in Consideration Report No. 306, which has been placed on the Anti-Dumping Commission public record. The goods exported to Australia during the period
1 January 2015 to 30 June 2015 will be examined to determine whether the circumvention activity has occurred.
ADN 2015/98, containing important procedural details is available at www.adcommission.gov.au and should be read in conjunction with this notice.
Interested parties, as defined by subsection 269T(1) of the Act, are invited to lodge written submissions concerning this inquiry, no later than the close of business on 28 September 2015, addressed to the Case Manager, by email operations1@adcommission.gov.au, by fax number to + 61 3 8539 2499 or by post:
Director Operations 1
Anti-Dumping Commission
GPO Box 1632
MELBOURNE VIC 3001
Submissions received in response to this notice will be taken into account in completing the report and recommendations to the Parliamentary Secretary.
A recommendation to the Parliamentary Secretary will be made in a report on or before 27 November 2015 (or such later date as the Parliamentary Secretary may allow).
The Parliamentary Secretary must make a declaration within 30 days after receiving the report, or due to special circumstances, such longer period as the Parliamentary Secretary considers appropriate.
Documents included in the public record are available and may be examined at the Commission’s office by contacting the Case Manager on the details provided below. Alternatively, the public record is accessible at www.adcommission.gov.au.
Enquiries about this notice may be directed to the Case Manager on telephone number +61 3 8539 2419, fax number +61 3 8539 2499 or email at operations1@adcommission.gov.au.
Dale Seymour
Commissioner
Anti-Dumping Commission