Customs Act 1901 – Part XVB
Aluminium Extrusions
Exported from The People’s Republic of China
Finding in Relation a Review of Anti-Dumping measures
Public notice under s. 269ZDB(1) of the Customs Act 1901
The Australian Customs and Border Protection Service (Customs and Border Protection) has completed its review, which commenced on 21 May 2012, of anti-dumping measures applying to aluminium extrusions (the goods) exported to Australia from the People’s Republic of China by Wuxi Xisha Photoelectric Aluminium Products Co. Ltd.
Recommendations resulting from that review, reasons for the recommendations and material findings of fact and law in relation to the review are contained in International Trade Measures Report No. 186 (REP 186).
I, Jason Clare, Minister for Home Affairs, have considered the REP 186 and have accepted the recommendations and reasons for the recommendations, including all material findings of fact or law set out in the REP 186.
Under s. 269ZDB(1) of the Customs Act 1901 (the Act), I declare, for the purposes of the Act and the Customs Tariff (Anti-Dumping) Act 1975 to the extent that anti-dumping measures concerning the goods involved the publication of a dumping duty notice and countervailing duty notice that, with effect from the date of publication of this notice, the notice is to be taken to have effect, or to have had effect in relation to Wuxi Xisha Photoelectric Aluminium Products Co., Ltd as if different variable factors had been fixed in respect of that exporter, relevant to the determination of duty.
REP 186 has been placed on the Customs and Border Protection’s public record, available at http://www.customs.gov.au/anti-dumping/cases.asp. Alternatively, the public record may be examined at the office address below during business hours by contacting the Case Manager on the details provided below.
Enquiries about this notice may be directed to the case manager on 02 6274 4948, fax number 02 6275 6990 or itrops1@customs.gov.au
Dated this 2nd day of November 2012
JASON CLARE
Minister for Home Affairs
Overview
The Customs Act 1901, as amended by Part XVB, was enacted to regulate the importation and exportation of goods within Australia, including the imposition of anti-dumping measures to prevent the influx of dumped goods. This legislative framework was introduced to address the economic harm caused by the practice of dumping, whereby goods are exported to another country at prices lower than those in the exporting country's domestic market. The Customs Act 1901 serves to protect domestic industries from unfair trade practices by allowing for the imposition of additional duties on imported goods found to be dumped. The Parliament of Australia enacted this legislation to safeguard the competitive integrity of the domestic market and to ensure fair trading conditions. The policy objective is to maintain a level playing field for Australian businesses by preventing or mitigating the adverse effects of dumped imports on domestic industries.
Scope and Application
The Customs Act 1901, specifically Part XVB, applies to the imposition and enforcement of anti-dumping duties on specified goods imported into Australia. This particular legislation targets aluminium extrusions exported from the People’s Republic of China by Wuxi Xisha Photoelectric Aluminium Products Co. Ltd. The scope of this Act extends to regulating the imposition of dumping and countervailing duties on these goods, modifying the duty rates based on the findings of the review conducted by the Australian Customs and Border Protection Service. This review was initiated to ensure the accurate application of anti-dumping measures, as recommended in the International Trade Measures Report No. 186. The Act applies nationally, as it is a Commonwealth Act, thereby ensuring uniform application across all states and territories of Australia. The Act does not specify any exclusions or exemptions for this particular review, and its application is not extended or restricted through subordinate instruments. The changes in duty rates, as declared by the Minister for Home Affairs, are intended to reflect the findings of the review accurately and ensure compliance with the anti-dumping measures.
Key Provisions
The Customs Act 1901, specifically Part XVB, concerns the application of anti-dumping measures to certain imported goods. In this instance, the legislation focuses on aluminium extrusions exported from the People’s Republic of China by Wuxi Xisha Photoelectric Aluminium Products Co. Ltd. Section 269ZDB(1) of the Act facilitates the Minister for Home Affairs' review and subsequent declaration of the effectiveness of anti-dumping measures. The Minister, Jason Clare, has declared that the dumping duty notice and countervailing duty notice will have effect as if different variable factors were fixed in relation to Wuxi Xisha Photoelectric Aluminium Products Co. Ltd, as per the findings and recommendations in REP 186.
The obligations imposed by the Act on parties such as Wuxi Xisha Photoelectric Aluminium Products Co. Ltd. include compliance with the anti-dumping measures as determined by the Minister. These measures are designed to ensure that the imported goods are not sold at unfairly low prices, which could harm Australian manufacturers. The Act requires Wuxi Xisha to adhere to the newly fixed variable factors that affect the determination of duty, which in turn means they must pay the appropriate duties on their exports to Australia. This compliance is crucial for maintaining fair trade practices and protecting domestic industries from potential harm caused by dumping.
Should Wuxi Xisha Photoelectric Aluminium Products Co. Ltd. or any other party fail to comply with the provisions of the Customs Act 1901 or the recommendations outlined in REP 186, they could face significant consequences. Offences under the Act may lead to civil or criminal penalties, depending on the nature and severity of the breach. For example, knowingly supplying goods subject to anti-dumping duties without the required declaration could result in hefty fines. The maximum penalties are not explicitly stated in the text, but typically, penalties for breaches of customs laws can include substantial fines and, in severe cases, imprisonment. The enforcement of these measures ensures that the anti-dumping duties are effectively applied and the integrity of the Australian market is preserved.