Findings in relation to a dumping investigation - Power transformers Exported from the Republic of Indonesia, Taiwan, Thailand and the Socialist Republic of Vietnam

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Customs Act 1901 – Part XVB

Power transformers

Exported from the Republic of Indonesia, Taiwan, Thailand and the Socialist Republic of Vietnam

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 power transformers (the goods), exported to Australia from the People’s Republic of China (China), the Republic of Indonesia (Indonesia), the Republic of Korea (Korea), Taiwan, Thailand and the Socialist Republic of Vietnam (Vietnam).

The goods are classified to tariff subheadings 8504.22.00 (statistical code 40) and 8504.23.00 (statistical codes 26 and 41) of Schedule 3 to the Customs Tariff Act 1995. The various potential combinations of incomplete power transformers are not all classifiable to these classifications.

A full description of the goods is available in Anti-Dumping Notice (ADN) No. 2013/64 which is available at http://www.adcommission.gov.au.

On 1 December 2014, the Commissioner terminated the investigation so far as it related to goods exported by certain exporters in China, Indonesia and Korea and in so far as it related to all exporters in China and Korea. Termination Report No. 219 sets out the reasons for these terminations. This report is available at http://www.adcommission.gov.au.

The Commissioner reported the findings and recommendations to the Parliamentary Secretary to the Minister for Industry (the Parliamentary Secretary) in Anti-Dumping Commission Report No. 219 (Report No. 219) which outlined the investigation carried out by the Commission and recommended the publication of a dumping duty notice in respect of the goods.

Particulars of the dumping margin established and an explanation of the method used to compare export prices and normal values to establish each dumping margin are set out in the following table:

Country

Manufacturer / exporter

Dumping margin and effective rate of duty

Method to establish dumping margin

Indonesia

PT CG Power Systems Indonesia

8.7%

Individual export prices were compared with corresponding normal values over the investigation period in accordance with subsection 269TACB(2)(b) of the Customs Act 1901 (the Act).

All other Indonesian exporters except PT. Unelec Indonesia

8.7%

Taiwan

Fortune Electric Co. Ltd

15.2%

Shihlin Electric & Engineering Corp

21.0%

Tatung Company

37.2%

All other Taiwanese exporters

37.2%

Thailand

ABB Limited, Thailand

3.6%

Individual export prices were compared with weighted average corresponding normal values over the investigation period in accordance with subsection 269TACB(3) of the Act.

Tirathai Public Company Limited

39.1%

Individual export prices were compared with corresponding normal values over the investigation period in accordance with subsection 269TACB(2)(b) of the Act.

All other Thai exporters

39.1%

Vietnam

ABB Limited, Vietnam

3.8%

Individual export prices were compared with weighted average corresponding normal values over the investigation period in accordance with subsection 269TACB(3) of the Act.

All other Vietnamese exporters

3.8%

 

I, ROBERT CHARLES BALDWIN, Parliamentary Secretary to the Minister for Industry, have considered, and accepted, the recommendations of the Commission, 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 Report No. 219.

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 securities had not been taken. Therefore under subsection 269TG(1) of the Act, I DECLARE that section 8 of the Customs Tariff (Anti-Dumping) Act 1975 (the Dumping Duty Act) applies to:

(i)     the goods; and

(ii)   like goods that were exported to Australia after 27 November 2013 (being the date that the Commissioner made a Preliminary Affirmative Determination under paragraph 269TD(4)(a) of the Act that there appeared to be sufficient grounds for the publication of a dumping duty notice) but before 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, is being caused, or may be caused in the future.  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 Indonesia (excluding goods exported by PT Unelec Indonesia), Taiwan, Thailand and Vietnam.

The dumping duties will be calculated using the ad valorem duty method in accordance with Regulation 5(7) of the Customs Tariff (Anti-Dumping) Regulations 2013; that is as a proportion of the export price.

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 prices in the Australian market in the form of price undercutting and price suppression and the consequent impact on the Australian industry including loss of sales volume, reduced market share, reduced revenue, reduced profits and profitability, reduced capacity utilisation, reduced employment and reduced return on investment.

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

Report No. 219 and other documents included in the public record are available at www.adcommission.gov.au. Alternatively, the public record may be examined at the Anti-Dumping Commission’s office by contacting the case manager on the details provided below.

Enquiries about this notice may be directed to the case manager on telephone number +61 2 6275 6729, fax number 1300 882 506 or +61 3 9244 8902 (outside Australia) or operations1@adcommission.gov.au.

 

Dated this 4th day of December 2014

 

 

ROBERT CHARLES BALDWIN

Parliamentary Secretary to the Minister for Industry

Overview

The Customs Act 1901, enacted by the Parliament of Australia, addresses issues related to customs and excise duties, including the regulation of imported goods. The Act, as part of its broader framework, incorporates measures to counteract the practice of dumping, where goods are imported at prices lower than their normal value, potentially causing harm to domestic industries. In this context, the Customs Act 1901 allows for investigations and the imposition of anti-dumping duties to protect Australian industries from unfair trade practices. The policy objective of such provisions is to ensure fair competition and to safeguard the interests of local producers by mitigating the adverse effects of dumped imports. The Anti-Dumping Commission, established under the Act, conducts investigations into allegations of dumping and advises the relevant Minister on appropriate measures to address such practices.

Scope and Application

The Customs Act 1901, specifically Part XVB, addresses the issue of dumping, which involves the exportation of goods to Australia at prices lower than their normal value, thereby causing or threatening to cause material injury to the domestic industry. The scope of this legislation encompasses the imposition of anti-dumping duties on power transformers exported from Indonesia, Taiwan, Thailand, and Vietnam. The Act applies to the entities involved in exporting these goods, including specific manufacturers and exporters identified within the relevant countries, and to the goods themselves, which are classified under tariff subheadings 8504.22.00 and 8504.23.00 of the Customs Tariff Act 1995. The geographic reach of this legislation is national, as it pertains to the entire territory of Australia, and its application is influenced by findings from the Anti-Dumping Commission. Certain exporters in China, Indonesia, and Korea had their cases terminated, as detailed in Termination Report No. 219. The application of anti-dumping duties is governed by the Customs Tariff (Anti-Dumping) Act 1975 and the Customs Tariff (Anti-Dumping) Regulations 2013, which provide the framework for calculating and imposing these duties. Interested parties may seek review of the decisions made under this Act through the Anti-Dumping Review Panel.

Key Provisions

The main operative sections of the Customs Act 1901, particularly subsections 269TG(1) and (2), provide the framework for the investigation and determination of dumping of power transformers exported to Australia from various countries, including Indonesia, Taiwan, Thailand, and Vietnam. These sections allow the Anti-Dumping Commission to investigate whether the export price of the goods is less than the normal value and whether this has caused, is causing, or is likely to cause material injury to the domestic industry. Based on the findings, the Commissioner recommends the imposition of anti-dumping duties. Section 269TG(1) allows for the application of the Customs Tariff (Anti-Dumping) Act 1975 to goods that have already been exported, while subsection 269TG(2) extends the application to future imports of like goods. The Act imposes obligations on the Anti-Dumping Commission to conduct thorough investigations into allegations of dumping, comparing export prices with normal values to determine dumping margins. The Commission must also consider whether dumped imports are causing or threatening to cause material injury to the domestic industry. This involves assessing factors such as the volume of dumped imports, their effect on prices, and the consequent impact on the domestic industry, including sales volume, market share, revenue, profits, capacity utilisation, employment, and return on investment. The Parliamentary Secretary to the Minister for Industry must accept the Commission’s findings and recommendations, and declare the application of the Dumping Duty Act to the goods in question, if satisfied that the export price is less than the normal value and that dumping has caused, is causing, or may cause material injury to the domestic industry. Breach of the provisions in the Customs Act 1901 related to dumping investigations and the imposition of anti-dumping duties can result in significant penalties. Although the specific penalties are not detailed in the notice, violations of the Customs Act or related regulations can lead to both civil and criminal consequences. Civil penalties may include fines, while criminal penalties can involve imprisonment, reflecting the seriousness with which the Australian government treats the enforcement of its trade laws. The exact penalties would depend on the nature and severity of the breach, as outlined in the relevant sections of the Act and associated regulations.

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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.