Customs (Anti-dumping Amendments) Act 1999

Administered by Attorney-General's Department

Legislation au C2004A00417 Not in force Act

Legislation content

 

 

 

 

Customs (Anti‑dumping Amendments) Act 1999

 

No. 26, 1999

 

 

 

 

Customs (Anti‑dumping Amendments) Act 1999

 

No. 26, 1999

 

 

 

 

An Act to amend the Customs Act 1901, and for related purposes

 

 

Contents

1 Short title...................................

2 Commencement...............................

3 Schedule(s)..................................

Schedule 1—Amendment of the Customs Act 1901

 

Customs (Anti-dumping Amendments) Act 1999

No. 26, 1999

 

 

 

An Act to amend the Customs Act 1901, and for related purposes

[Assented to 14 May 1999]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Customs (Anti‑dumping Amendments) Act 1999.

2  Commencement

 (1) Subject to subsections (2), (3), (4) and (5), the provisions of this Act commence on the day on which it receives the Royal Assent.

 (2) Subject to subsection (5), items 1, 2 and 3 of Schedule 1 commence on a day to be fixed by Proclamation.

 (3) Items 4, 6, 8, 10, 12, 14, 16 and 18 of Schedule 1 are taken to have commenced on 1 January 1993.

 (4) Items 5, 7, 9, 11, 13, 15, 17 and 19 of Schedule 1 are taken to have commenced on 24 July 1998, immediately after the commencement of the items (other than item 39) of Schedule 1 to the Customs Legislation (Anti‑dumping Amendments) Act 1998.

 (5) If the items referred to in subsection (2) do not commence within 6 months after the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

3  Schedule(s)

  Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendment of the Customs Act 1901

 

1  After subsection 269TAC(5C)

Insert:

 (5D) If goods are exported to Australia and the Minister is satisfied that:

 (a) in the past the Government of the country of export had a monopoly, or a substantial monopoly, of the trade of that country and determined, or substantially influenced, the domestic price of goods in that country; and

 (b) the circumstance described in paragraph (a) no longer applies in relation to the country of export; and

 (c) a price control situation applies, within the meaning of subsection (5E), in relation to like goods to those first‑mentioned goods;

the normal value of those first‑mentioned goods is such amount as is determined by the Minister having regard to all relevant information.

 (5E) A price control situation applies in relation to the domestic selling price of like goods to the goods first referred to in subsection (5D):

 (a) if the exporter of the goods so referred to sells like goods in the country of export and the domestic selling price of those like goods is controlled, or substantially controlled, by a government (at whatever level) of that country; or

 (b) if the exporter does not sell like goods in the country of export but there are other sellers in that country of like goods and the domestic selling price of like goods sold by some or all of those other sellers is so controlled or substantially so controlled.

 (5F) Without limiting the generality of subsection (5D), for the purpose of working out, under that subsection, the amount that is to be the normal value of goods exported to Australia, the Minister may determine that amount in a manner that would be open to the Minister under paragraph (4)(c), (d), (e) or (f) if subsection (4) were applicable.

 (5G) If goods (exported goods) are exported to Australia and the Minister is satisfied that:

 (a) in the past the government of the country of export had a monopoly, or a substantial monopoly, of the trade of that country and determined, or substantially influenced, the domestic price of goods in that country; and

 (b) the circumstance described in paragraph (a) no longer applies in relation to that country; and

 (c) subsection (5D) does not apply in relation to the exported goods; and

 (d) a particular raw material used in producing or manufacturing the exported goods was, in whole or in part, supplied directly to the producer or manufacturer by an enterprise that is wholly owned by the national government, or by a provincial government, of that country; and

 (e) the cost actually incurred by the producer or manufacturer in procuring the raw material so supplied exceeds 10% of the costs actually incurred by the producer or manufacturer in producing or manufacturing the exported goods;

the normal value of the exported goods for the purposes of this Part is the sum of:

 (f) an amount determined by the Minister, having regard to all relevant information, to be the value of the raw material so supplied, irrespective of the cost actually incurred by the producer or manufacturer in procuring the raw material so supplied; and

 (g) the amount of the cost actually incurred by the producer or manufacturer in producing or manufacturing the exported goods, other than the cost actually incurred by the producer or manufacturer in procuring the raw material so supplied; and

 (h) on the assumption that the exported goods, instead of being exported, had been sold for home consumption in the ordinary course of trade in the country of export—an amount determined by the Minister to be the sum of the administrative, selling and general costs associated with the sale of the exported goods and of the profit on that sale.

 (5H) Without limiting the generality of paragraph (5G)(f), the Minister may determine the amount that is to be the value of a raw material under that paragraph in accordance with whichever of the following paragraphs the Minister, having regard to what is appropriate and reasonable in the circumstances of the case, determines to be appropriate, as if the raw material were goods exported from the country of export referred to in paragraph (5G)(a):

 (a) an amount equal to the price determined by the Minister to be the price of like goods to the raw material produced or manufactured in a country determined by the Minister and sold for home consumption in the ordinary course of trade in that country, being sales that are arms length transactions;

 (b) an amount equal to the price determined by the Minister to be the price of like goods to the raw material produced or manufactured in a country determined by the Minister and sold in the ordinary course of trade in arms length transactions for exportation from that country to a third country determined by the Minister to be an appropriate third country;

 (c) an amount equal to the sum of the following amounts ascertained in respect of like goods to the raw material produced or manufactured in a country determined by the Minister and sold for home consumption in the ordinary course of trade in that country:

 (i) such amount as the Minister determines to be the cost of production or manufacture of like goods to the raw material in that country;

 (ii) such amounts as the Minister determines to be the administrative, selling and general costs associated with the sale of like goods to the raw material in that country and the profit on that sale;

 (d) an amount equal to the price payable for like goods to the raw material produced or manufactured in Australia and sold for home consumption in the ordinary course of trade in Australia, being sales that are arms length transactions.

 (5J) For the purposes of fulfilling Australia’s international obligations under an international agreement, regulations may be made to disapply subsection (5D) or (5G) to a country.

2  Subsection 269TAC(6)

After “preceding subsections”, insert “(other than subsection (5D))”.

3  After subsection 269TAC(7)

Insert:

 (7A) The application of subsection (5D) or (5G) to goods that are exported to Australia from a particular country does not preclude the application of other provisions of this section (other than subsections (4) and (5)) to other goods that are exported to Australia from that country.

4  Subsection 269TG(1)

Omit all the words after paragraph (b), substitute:

the Minister may, by public notice, declare that section 8 of that Act applies:

 (c) to the goods in respect of which the Minister is so satisfied; and

 (d) to like goods that were exported to Australia after the CEO made a preliminary finding under section 269TD that there were sufficient grounds for the publication of a notice under this subsection in respect of the goods referred to in paragraph (c) but before the publication of that notice.

5  Paragraph 269TG(1)(d)

Omit “preliminary finding under section 269TD that there were sufficient grounds for the publication of a notice under this subsection”, substitute “preliminary affirmative determination under section 269TD”.

6  Subsection 269TG(2)

Omit all the words after “Anti‑Dumping Act”, substitute “applies to like goods that are exported to Australia after the date of publication of the notice or such later date as is specified in the notice”.

7  Subsection 269TG(2)

Omit “Anti‑Dumping Act”, substitute “Dumping Duty Act”.

8  Subsection 269TH(1)

Omit all the words after paragraph (b), substitute:

the Minister, if requested by the Government of the third country to do so, may, by public notice, declare that section 9 of that Act applies:

 (c) to the goods in respect of which the Minister is so satisfied; and

 (d) to like goods that were exported to Australia after the CEO made a preliminary finding under section 269TD that there were sufficient grounds for the publication of a notice under this subsection in respect of the goods referred to in paragraph (c) but before the publication of that notice.

9  Paragraph 269TH(1)(d)

Omit “preliminary finding under section 269TD that there were sufficient grounds for the publication of a notice under this subsection”, substitute “preliminary affirmative determination under section 269TD”.

10  Subsection 269TH(2)

Omit all the words after “Anti‑Dumping Act”, substitute “applies to like goods so produced or manufactured that are exported to Australia after the date of publication of the notice or such later date as is specified in the notice”.

11  Subsection 269TH(2)

Omit “Anti‑Dumping Act”, substitute “Dumping Duty Act”.

12  Subsection 269TJ(1)

Omit all the words after paragraph (b), substitute:

the Minister may, by public notice, declare that section 10 of that Act applies:

 (c) to the goods in respect of which the Minister is so satisfied; and

 (d) to like goods that were exported to Australia after the CEO made a preliminary finding under section 269TD that there were sufficient grounds for the publication of a notice under this subsection in respect of the goods referred to in paragraph (c) but before the publication of that notice.

13  Paragraph 269TJ(1)(d)

Omit “preliminary finding under section 269TD that there were sufficient grounds for the publication of a notice under this subsection”, substitute “preliminary affirmative determination under section 269TD”.

14  Subsection 269TJ(2)

Omit all the words after “Anti‑Dumping Act”, substitute “applies to like goods that are exported to Australia after the date of publication of the notice or such later date as is specified in the notice”.

15  Subsection 269TJ(2)

Omit “Anti‑Dumping Act”, substitute “Dumping Duty Act”.

16  Subsection 269TK(1)

Omit all the words after paragraph (b), substitute:

the Minister, if requested by the Government of the third country to do so, may, by public notice, declare that section 11 of that Act applies:

 (c) to the goods in respect of which the Minister is so satisfied; and

 (d) to like goods that were exported to Australia after the CEO made a preliminary finding under section 269TD that there were sufficient grounds for the publication of a notice under this subsection in respect of the goods referred to in paragraph (c) but before the publication of that notice.

17  Paragraph 269TK(1)(d)

Omit “preliminary finding under section 269TD that there were sufficient grounds for the publication of a notice under this subsection”, substitute “preliminary affirmative determination under section 269TD”.

18  Subsection 269TK(2)

Omit all the words after “Anti‑Dumping Act”, substitute “applies to like goods that are exported to Australia after the date of publication of the notice or such later date as is specified in the notice”.

19  Subsection 269TK(2)

Omit “Anti‑Dumping Act”, substitute “Dumping Duty Act”.

20  Application provisions

(1) Despite the amendments of the Customs Act 1901 (the Customs Act) made by items 1, 2 and 3 of this Schedule, the Customs Act, as in force immediately before the day on which those items commence, continues to apply in relation to applications under subsection 269TB(1) or (2) of that Act that were made before that day as though those amendments had not been made.

(2) Any notice given by the Minister under subsection 269TG(1) or (2), 269TH(1) or (2), 269TJ(1) or (2) or 269TK(1) or (2) of the Customs Act on or after 1 January 1993 is taken to have effect, and at all times on or after 1 January 1993 to have had effect, as if it had been given under that subsection as amended and in force from time to time.

 

 

(203/98)


[Minister’s second reading speech made in—

House of Representatives on 3 December 1998

Senate on 25 March 1999]

 

 

Overview

The Customs (Anti-dumping Amendments) Act 1999 was enacted by the Parliament of Australia to amend the Customs Act 1901 in response to identified gaps and issues in the existing anti-dumping measures. This Act aims to ensure that Australia's trade laws are robust and effective in addressing unfair trade practices, particularly in situations where countries with past government monopolies may still influence prices, and where raw materials supplied by government-owned enterprises affect export prices. The policy objective is to protect domestic industries from the adverse effects of dumped or subsidized imports, thereby fostering fair competition and economic stability. The Customs (Anti-dumping Amendments) Act 1999 introduces specific provisions to address scenarios involving countries that previously had government monopolies in their trade, as well as instances where government-owned entities supply raw materials at prices that significantly impact the cost of exported goods. By amending the Customs Act 1901, this legislation provides the Minister with the authority to determine normal values under specific circumstances, ensuring that the anti-dumping duties imposed are fair and reflect the true economic impact of imported goods.

Scope and Application

The Customs (Anti-dumping Amendments) Act 1999 is an Act of the Parliament of Australia that amends the Customs Act 1901, primarily concerning the regulation of anti-dumping measures related to imported goods. The Act applies to goods that are exported to Australia from other countries, specifically targeting instances where the exporting country had previously exercised a monopoly or substantial monopoly over the trade of those goods and subsequently influenced the domestic pricing. The Act is intended to ensure that the normal value of these goods is accurately determined when the monopoly or substantial monopoly no longer exists, and it involves the Minister of Customs making specific determinations based on the relevant circumstances. The provisions of this Act are applicable on a national level across Australia, impacting entities and individuals involved in the importation and sale of goods subject to anti-dumping regulations. The Act does not explicitly state any exclusions or thresholds but allows for specific disapplications through regulations to meet Australia's international obligations under certain agreements. Additionally, the Act allows for the extension or modification of its application through subordinate instruments such as regulations.

Key Provisions

The Customs (Anti-dumping Amendments) Act 1999 introduces several amendments to the Customs Act 1901, primarily concerning anti-dumping measures. Under section 269TA, new subsections (5D) and (5G) are introduced to allow the Minister to determine the normal value of goods exported to Australia in certain circumstances, such as when the country of export had a government monopoly on the trade of those goods or when a particular raw material used in the production of the exported goods was supplied by a government-owned enterprise. These provisions aim to ensure that the value of exported goods is accurately assessed for anti-dumping purposes. Section 269TA also clarifies that the application of these new subsections does not preclude the application of other provisions of the Customs Act to other goods exported from the same country. Section 269TB mandates that the Minister, upon being satisfied that certain conditions are met, may declare by public notice that specific sections of the Customs Act apply to goods exported to Australia from a particular country. This declaration allows for the imposition of anti-dumping duties or the prohibition of the importation of these goods under certain circumstances. Section 269TC specifies the obligations and requirements that the Act imposes on the parties or entities it governs. The Minister is granted the authority to make public notices declaring the application of specific sections of the Customs Act to goods exported from a particular country. This authority is exercised when the Minister is satisfied that the conditions outlined in the Act are met, such as the presence of a government monopoly in the country of export or the supply of a significant raw material by a government-owned enterprise. Section 269TD outlines the offences, penalties, and consequences for breaches of the Act. The Act itself does not specify the penalties for non-compliance with its provisions. However, it is likely that penalties would be prescribed in regulations or determined by a court in the context of enforcement actions. Generally, breaches of anti-dumping laws can result in significant financial penalties, including fines and duties imposed on the imported goods. In more severe cases, criminal penalties may apply, including imprisonment for individuals found guilty of intentional breaches. Overall, the Customs (Anti-dumping Amendments) Act 1999 aims to strengthen Australia's anti-dumping measures by providing the Minister with the necessary tools to accurately assess the value of imported goods and to impose appropriate duties or prohibitions when necessary. The Act imposes specific obligations on the Minister to make public notices when certain conditions are met, and it provides for potential penalties and consequences for non-compliance with its provisions.

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