Findings in relation to a dumping investigation - Newsprint Exported from France and the Republic of Korea

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Legislation au C2015G00620 In force Gazette

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Customs Act 1901 – Part XVB

Newsprint Exported from France and the Republic of Korea

Findings in Relation to a Dumping Investigation

Public notice under subsections 269TG (1) and (2) of the Customs Act 1901

The Commissioner of the Anti-Dumping Commission (the Commissioner) has completed the investigation into the alleged dumping of newsprint (the goods) exported to Australia from France and the Republic of Korea (Korea).

The goods are classified to the following tariff subheadings in Schedule 3 of the Customs Tariff Act 1995:

  • tariff subheading 4801.00.20 with statistical code 02;
  • tariff subheading 4801.00.31 with statistical code 04; and
  • tariff subheading 4801.00.39 with statistical code 19.

A full description of the goods is available in Anti-Dumping Notice (ADN) No. 2014/34, which is available on the internet at www.adcommission.gov.au

The Commissioner reported his findings and recommendations to me in Anti-Dumping Commission Report No. 242 (REP 242). REP 242 outlines how the Anti-Dumping Commission (the Commission) carried out the investigation and recommends the publication of a dumping duty notice in respect of the goods.

On 20 March 2015, the Commissioner terminated part of the investigation into the goods exported from Korea. Termination Report No. 242 (TER 242) sets out the reasons for this termination, and is available on the internet at www.adcommission.gov.au.

I have considered REP 242 and have accepted the Commissioner’s recommendations and reasons for the recommendations, including all material findings of fact or law on which the Commissioner’s recommendations were based, and particulars of the evidence relied on to support the findings.

The method used to compare export prices and normal values to establish the dumping margin was to compare the weighted average export prices with corresponding normal values over the investigation period in terms of subsection 269TACB(2)(a) of the Customs Act 1901 (the Act). The normal value was established under subsection 269TAC(1) of the Act. The export price was established under subsection 269TAB(1)(c) of the Act.

Particulars of the dumping margin that has been established in respect of newsprint exported from France is set out in the table below.

 

Country

Manufacturer/ exporter

Dumping margin and effective rate of duty

Duty method

France

All exporters

5.1%

Fixed and variable

The effective rate of duty that has been determined is an amount worked out in accordance with the fixed and variable duty method, as detailed in the table above.

I, KAREN LESLEY ANDREWS, Parliamentary Secretary to the Minister for Industry and Science, have considered, and accepted, the recommendations of the Commissioner, including the reasons for the recommendations, the material findings of fact on which the recommendations are based and the evidence relied on to support those findings in REP 242.

I am satisfied, as to the goods that have been exported to Australia, that the amount of the export price of the goods is less than the normal value of those goods and because of that, material injury to the Australian industry producing like goods might have been caused if the security had not been taken. Therefore under subsection 269TG(1) of the Act, I DECLARE that section 8 of the Dumping Duty Act applies to:

(i)     the goods; and

(ii)   like goods that were exported to Australia after 30 January 2015 (when the Commissioner made a preliminary affirmative determination under section 269TD of the Act that there appeared to be sufficient grounds for the publication of a dumping duty notice) but before the publication of this notice.

I am also satisfied that the amount of the export price of like goods that have already been exported to Australia is less than the amount of the normal value of those goods, and the amount of the export price of like goods that may be exported to Australia in the future may be less than the normal value of the goods and because of that, material injury to the Australian industry producing like goods has been caused or is being caused. Therefore under subsection 269TG(2) of the Act, I DECLARE that section 8 of the Dumping Duty Act applies to like goods that are exported to Australia after the date of publication of this notice.

This declaration applies in relation to all exporters of the goods and like goods from France. Measures apply to goods that are exported to Australia after publication of this notice. Measures also apply to goods that were exported to Australia after the Commissioner made a preliminary affirmative determination to the day before my decision was published. The considerations relevant to my determination of material injury to the Australian industry caused by dumping are the size of the dumping margins, the effect of dumped imports on Australian industry prices and the consequent impact on the Australian industry including reduced sales, reduced revenues, price depression, price suppression, reduced profits and reduced profitability.

In making my determination, I have considered whether any injury to the Australian industry is being caused or threatened by a factor other than the exportation of dumped goods, and have not attributed injury caused by other factors to the exportation of those dumped goods.

Interested parties may seek a review of this decision by lodging an application with the Anti-Dumping Review Panel, in accordance with the requirements in Division 9 of Part XVB of the Act, within 30 days of the publication of this notice.

Particulars of the export prices, non-injurious prices, and normal values of the goods (as ascertained in the confidential tables to this notice) will not be published in this notice as they may reveal confidential information.

Clarification about how anti-dumping measures are applied to ‘goods on the water’ is available in Australian Customs Dumping Notice No. 2012/34, available at www.adcommission.gov.au.

REP 242 and other documents included in the public record may be examined at the Commission’s 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 2428, fax number +61 3 8539 2499 or email at operations1@adcommission.gov.au.

 

Dated this 20th day of April 2015

 

KAREN LESLEY ANDREWS

Parliamentary Secretary to the Minister for Industry and Science

 

Overview

The Customs Act 1901, enacted by the Parliament of Australia, addresses the problem of dumping of imported goods, which can cause material injury to domestic industries. Specifically, Part XVB of the Act deals with the imposition of anti-dumping duties on goods that are exported to Australia and sold at prices lower than their normal value, potentially harming Australian manufacturers. The policy objective is to protect domestic industries from unfair trade practices by ensuring that imported goods are not sold below their fair market value. In light of this, the Anti-Dumping Commission investigates such claims and makes recommendations to the relevant minister, who ultimately decides on the imposition of anti-dumping duties. The recent investigation into newsprint imported from France and the Republic of Korea, as announced in the Gazette, is an example of how the Act and its provisions are applied to safeguard Australian industries from the adverse effects of dumping.

Scope and Application

The Customs Act 1901, specifically Part XVB, addresses the issue of dumping in relation to newsprint exported from France and the Republic of Korea to Australia. This Act applies to the goods classified under tariff subheadings 4801.00.20, 4801.00.31, and 4801.00.39 in the Customs Tariff Act 1995. The investigation and subsequent declaration pertain to all exporters of these goods from France and Korea, targeting those goods exported to Australia after 30 January 2015 and those that may be exported after the publication of this notice. The application of the Dumping Duty Act is triggered by the determination of a dumping margin, where the export price of the goods is found to be less than the normal value, potentially causing material injury to the Australian industry producing like goods. The measures enacted under this legislation include the imposition of a dumping duty, calculated using a fixed and variable method, to counteract the injurious effects of dumped imports. Interested parties may seek a review of the decision within 30 days of the notice's publication, as outlined in Division 9 of Part XVB of the Customs Act 1901.

Key Provisions

The Customs Act 1901, specifically Part XVB, addresses the issue of dumping of newsprint imported from France and the Republic of Korea. Following an investigation by the Commissioner of the Anti-Dumping Commission, it has been determined that the export price of these goods is less than their normal value, potentially causing material injury to the Australian industry producing similar goods. The findings have been reported in Anti-Dumping Commission Report No. 242 (REP 242) and are available for review on the Anti-Dumping Commission's website. The investigation method used to compare export prices and normal values involved the weighted average export prices and corresponding normal values over the investigation period, as outlined in subsection 269TACB(2)(a) of the Act. The obligations imposed by the Act include the establishment of a dumping margin and the imposition of a dumping duty on the affected goods. For newsprint exported from France, a dumping margin of 5.1% has been established, and the effective rate of duty is determined through a fixed and variable duty method. This duty applies to goods exported to Australia after 30 January 2015 and before the publication of this notice, as well as to like goods exported after the publication of this notice. The Act also mandates that interested parties may seek a review of the decision by lodging an application with the Anti-Dumping Review Panel within 30 days of the notice's publication. For breaches of the provisions set out in the Act, penalties can be significant. Although the specific penalties are not detailed in the notice, under Australian law, penalties for breaches of customs and anti-dumping regulations can include substantial fines and, in some cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the Customs Act and related legislation. The Anti-Dumping Commission is responsible for enforcing these provisions and ensuring compliance with the imposed duties. Failure to comply can result in civil or criminal consequences, depending on the circumstances of the breach.

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Area of Law
International Trade Law
Commercial Law
Instrument
Gazette Notice
Concepts
Offence Provisions
Regulatory Standards
Licensing & Registration
Enforcement Powers
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Dumping
Material Injury

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.