Findings in relation to a Dumping Investigation - Wind towers exported from the People’s Republic of China and the Republic of Korea

Administered by Department of Industry, Science and Resources

Legislation au C2014G00627 In force Gazette

Legislation content

 

Customs Act 1901 – Part XVB

Wind towers

Exported from the People’s Republic of China 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 wind towers (“the goods”), exported to Australia from the People’s Republic of China (China) and the Republic of Korea (Korea).

The goods may be classified to subheading 7308.20.00 (statistical code 02) in Schedule 3 to the Customs Tariff Act 1995.  This applies to complete towers, unassembled or assembled and applies to a basic tower that includes doors, ladders, landings and embed or tower foundation.

Steel tower sections, including sections with doors etc, are classified to 7308.90.00/49, assembled or disassembled, providing there aren’t enough in a shipment to be judged to be a complete tower.

Combinations of towers and tower sections may vary on a case by case basis for assessment of tariff classification.  Classification may vary when there is more of one thing than another, for example a tower section and lift or a tower section with lift, electrical junction boxes and other equipment.

An assembled complete wind powered generator is a composite machine consisting of two or more machines fitted together to form a whole; e.g. wind engine, generator, gearbox, yaw controls etc. fitted in a steel tower and nacelle, classification is to subheading 8502.31.10/31.

A full description of the goods is available in Anti-Dumping Notice (ADN) No. 2012/68 (relating to the initiation) and is available on the internet 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. 221 (REP 221) which outlines the investigation carried out by the Commission and recommends the publication of a dumping duty notice in respect of the goods.

The Parliamentary Secretary has considered REP 221 and has accepted the Commission’s recommendations and reasons for the recommendations, including all material findings of fact or law on which the Commission’s recommendations were based, and particulars of the evidence relied on to support the findings.

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

Method to establish dumping margin

China

Shanghai Taisheng

15.0%

Weighted average export prices were compared with weighted average corresponding normal values over the investigation period in terms of subsection 269TACB(2)(a) of the Customs Act 1901.

All other Chinese exporters

15.6%

Korea

Win&P

17.2%

All other Korean exporters

18.8%

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 REP 221.

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 Customs Act 1901 (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 6 December 2013 (when 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 maybe 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 China and Korea.

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 suppression and price depression and the consequent impact on the Australian industry including loss of sales volume, loss of revenue, reduced market share, loss of profits and profitability, reduced production capacity, 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 2012/34, available at www.adcommission.gov.au

REP 221 and other documents included in the public record may be examined at the Anti-Dumping Commission 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 (02) 6245 5434, fax number 1300 882 506 or +61 2 6275 6888 (outside Australia) or ops1@adcommission.gov.au.

Dated this 14th day of April 2014

 

ROBERT CHARLES BALDWIN

Parliamentary Secretary to the Minister for Industry


Customs Tariff (Anti-Dumping) Act 1975

Wind towers

Exported from the People’s Republic of China

and The Republic of Korea

Notice under subsection 8(5) of the
Customs Tariff (Anti-Dumping) Act 1975

I, ROBERT CHARLES BALDWIN, Parliamentary Secretary to the Minister for Industry, having decided to issue a notice pursuant to subsections 269TG(1) and 269TG(2) of the Customs Act 1901 in respect of wind towers described in that notice (the goods), DETERMINE, pursuant to subsection 8(5) of the Customs Tariff (Anti-Dumping) Act 1975 (the Dumping Duty Act), that the interim dumping duty be determined as a proportion of the export price of those particular goods as specified in subregulation 5(7) of the Customs Tariff (Anti‑Dumping) Regulation 2013.

Pursuant to subsection 8(5BA) of the Dumping Duty Act, I have had regard to the desirability of fixing a lesser amount of duty such that the sum of:

(i) the export price of those particular goods, and

(ii) that amount of the interim dumping duty as so fixed,

does not exceed the non-injurious price of goods of that kind as ascertained.

This notice applies to the goods and like goods entered for home consumption on and after 6 December 2013.

Dated this 14th day of April 2014

 

ROBERT CHARLES BALDWIN

Parliamentary Secretary to the Minister for Industry

 

 

Overview

The Customs Act 1901, enacted to regulate the importation and exportation of goods in Australia, was supplemented by the Customs Tariff (Anti-Dumping) Act 1975 to address the problem of dumping—the export of goods at prices lower than their normal value, which can cause material injury to domestic industries. In response to the findings of the Anti-Dumping Commission, the Parliamentary Secretary to the Minister for Industry, Robert Charles Baldwin, declared the application of a dumping duty on wind towers exported from the People’s Republic of China and the Republic of Korea to Australia, under subsection 269TG of the Customs Act 1901. The policy objective was to mitigate the adverse effects on the Australian industry resulting from the dumping of these goods, ensuring that the export prices do not undercut the normal values and thus prevent potential injury to the domestic industry.

Scope and Application

The Customs Act 1901, particularly Part XVB, and the Customs Tariff (Anti-Dumping) Act 1975, as amended, apply to the importation of wind towers from the People's Republic of China and the Republic of Korea. The legislation targets specific entities, namely exporters and manufacturers of wind towers, and covers the conduct of exporting these goods at prices lower than their normal value, known as dumping. The scope of this application extends to all wind towers, both complete and sections, exported to Australia post the investigation period starting on 6 December 2013. This includes those already imported and those that may be imported in the future, thus ensuring a comprehensive protective measure against injurious dumping. The jurisdictional reach of these acts is federal, applying across Australia. While the legislation broadly applies to all relevant goods, it excludes any particulars of export prices, non-injurious prices, and normal values due to confidentiality concerns. Interested parties may seek a review of the decision within 30 days of the notice's publication.

Key Provisions

The Customs Act 1901 (the Act) and the Customs Tariff (Anti-Dumping) Act 1975 (the Dumping Duty Act) have been invoked in relation to wind towers exported to Australia from China and Korea. The investigation was initiated under subsection 269TG(1) and (2) of the Act, and the findings were reported in Anti-Dumping Commission Report No. 221 (REP 221). The Parliamentary Secretary to the Minister for Industry has accepted the Commission's recommendations, declaring that a dumping duty notice applies to the wind towers and like goods exported from China and Korea, effective from 6 December 2013 and onwards. The determination is based on the comparison of the export prices and normal values of the wind towers, which have been found to be less than the normal values, potentially causing material injury to the Australian industry. This declaration mandates the imposition of an interim dumping duty on the goods, as outlined in the Customs Tariff (Anti-Dumping) Act 1975. The Act imposes obligations on importers and exporters of the wind towers to ensure compliance with the anti-dumping measures. Importers must declare the goods correctly and provide necessary information for customs valuation and duty assessment. Exporters from China and Korea must adhere to the established dumping margins and pay the interim dumping duty. Both parties must maintain records that support the accuracy of their declarations and transactions. The Anti-Dumping Commission is responsible for overseeing the implementation and enforcement of these measures, ensuring that the duties are correctly applied and that the Australian industry is protected from injurious dumping practices. Breach of the obligations under the Act can result in significant legal consequences. Violations may include incorrect declarations, failure to pay the applicable dumping duty, or providing false or misleading information. The maximum penalties for such offences can include fines and imprisonment, depending on the severity of the breach. For example, under subsection 269TH(1) of the Act, a person who contravenes a provision of the Act or an order made under the Act may be liable to a penalty of up to $22,200 for an individual offence and up to $111,000 for a continuing offence. Additionally, civil penalties may apply, such as the recovery of unpaid duties and interest. These penalties serve as a deterrent against non-compliance and ensure that the anti-dumping measures are effectively enforced to protect the Australian industry.

Legal classification tags

Area of Law
Customs Law
International Trade Law
Instrument
Gazette Notice
Concepts
Definitions & Interpretation
Offence Provisions
Licensing & Registration
Enforcement Powers

Interactions

Authorises

All Versions

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.