Customs Act 1901 – Part XVB
Aluminium Zinc Coated Steel
Exported from the Republic of Korea
by Dongbu Steel Co Ltd
Findings in relation to a Review of Anti-Dumping Measures
Notice under subsection 269ZDB(1)(a)(iii) of the Customs Act 1901
The Commissioner of the Anti-Dumping Commission has completed the review, which commenced on 28 October 2014, of the anti-dumping measures in respect of certain aluminium zinc coated steel (“the goods”) exported to Australia from the Republic of Korea (Korea) by Dongbu Steel Co Ltd (Dongbu).
The recommendation resulting from that review, reasons for the recommendation and material findings of fact and law in relation to the review are contained in Anti-Dumping Commission Report No. 272 & 273 (REP 272 & 273).
I, KAREN ANDREWS, the Parliamentary Secretary to the Minister for Industry and Science, have considered REP 272 & 273 and have decided to accept the recommendation and reasons for the recommendation, including all the material findings of facts and law set out in REP 272 & 273.
Under subsection 269ZDB(1)(a)(iii) of the Customs Act 1901 (the Act), I declare that, for the purposes of the Act and the Customs Tariff (Anti-Dumping) Act 1975, with effect from the date of publication of this notice, the dumping duty notice currently applying to the goods exported to Australia from Korea is to be taken to have effect or to have had effect in relation to Dongbu as if I had fixed different variable factors in respect of Dongbu, relevant to the determination of duty.
The dumping duty that has been determined is an amount worked out in accordance with the combination of fixed and variable duty method, as detailed in the table below.
The goods | Exporter/country | Effective rate of interim dumping duty (fixed component only) | Duty calculation method |
aluminium zinc coated steel | Dongbu Steel Co Ltd (Korea) | 0% | Combination of fixed and variable duty method |
The actual duty liability may be higher than the effective rate of duty due to a number of factors. Affected parties should contact the Anti-Dumping Commission (the Commission) on 1300 884 159 or at clientsupport@adcommission.gov.au for further information regarding the actual duty liability calculation in their particular circumstance.
To preserve confidentiality, details of the revised variable factors such as ascertained export price, normal value and non-injurious price will not be published. Bona fide importers of the goods can obtain details of the new rates from the Regional Dumping Liaison Officer in their respective capital city.
Interested parties may seek a review of this decision by lodging an application with the Anti-Dumping Review Panel (www.adreviewpanel.gov.au) in accordance with the requirements in Division 9 of Part XVB of the Act, within 30 days of the publication of this notice.
REP 272 & 273 has been placed on the public record. 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 2419, fax number +61 3 8539 2499 or email at operations1@adcommission.gov.au.
Dated this 30th day of July 2015
KAREN ANDREWS
Parliamentary Secretary to the Minister for Industry and Science
Overview
The Customs Act 1901, as amended by the 2015 Gazette (C2015G01250), addresses the problem of dumping of aluminium zinc coated steel imported into Australia from the Republic of Korea by Dongbu Steel Co Ltd. The Act was enacted by the Australian Parliament to regulate customs duties and ensure fair trade practices. This particular enactment pertains to the review of anti-dumping measures and the setting of revised dumping duties for the specified goods. The policy objective of the Act, as evidenced in this review, is to protect domestic industries from unfair trade practices and ensure that importers do not benefit from undervalued goods that could harm local businesses. The decision to accept the recommendation of the Anti-Dumping Commission and the detailed findings of the review is aimed at maintaining equitable trading conditions.
Scope and Application
The Customs Act 1901, particularly Part XVB, applies to the regulation of anti-dumping measures concerning the import of specific goods into Australia. In this instance, the Act applies to the import of aluminium zinc coated steel exported from the Republic of Korea by Dongbu Steel Co Ltd. The legislation's scope includes the imposition of anti-dumping duties on dumped goods, the review of existing measures, and the determination of new dumping duty rates when necessary. The Act's jurisdiction extends across the Commonwealth of Australia, ensuring uniform application and enforcement of anti-dumping laws. The application of the Act is not restricted by geographic boundaries within Australia, encompassing all states and territories. Exclusions and exemptions from the Act's application are not explicitly detailed in this notice, but they can be found in the relevant sections of the Act and associated regulations. The decision made under the Act can be further refined or expanded through subordinate instruments, which may provide additional guidelines or exceptions as necessary.
Key Provisions
The Customs Act 1901 (the Act) has been amended by the Gazette C2015G01250 to implement the findings of the review of anti-dumping measures concerning certain aluminium zinc coated steel exported to Australia from the Republic of Korea by Dongbu Steel Co Ltd. This notice, made under subsection 269ZDB(1)(a)(iii) of the Act, follows the completion of a review of the anti-dumping measures by the Commissioner of the Anti-Dumping Commission. The review found that the current dumping duty notice applicable to the goods in question should be adjusted to reflect different variable factors for Dongbu Steel Co Ltd, effective from the date of publication of this notice. This adjustment means that the interim dumping duty for the specified goods will be calculated using a combination of fixed and variable duty methods, with the fixed component set at 0%. This rate is subject to potential increases based on additional factors, and parties affected by the duty should contact the Anti-Dumping Commission for specific calculations.
The obligations imposed by this notice include the requirement for Dongbu Steel Co Ltd to comply with the new duty calculation methods as determined by the Anti-Dumping Commission. Importers of the affected goods must also ensure that they adhere to the revised dumping duty rates, which may be higher than the initial 0% rate due to other factors. Additionally, interested parties have the right to seek a review of this decision within 30 days of the notice's publication by lodging an application with the Anti-Dumping Review Panel, as outlined in Division 9 of Part XVB of the Act. All parties are also encouraged to maintain confidentiality regarding the specific variable factors determined by the Commission.
The notice further details the penalties and consequences for non-compliance with the revised anti-dumping measures. Failure to comply with the new duty rates or any other obligations under the Act may result in legal action, including civil or criminal penalties as prescribed by the Customs Act 1901 and the Customs Tariff (Anti-Dumping) Act 1975. The maximum penalties for breaches of these acts can include substantial fines and, in severe cases, imprisonment. Additionally, parties who knowingly or negligently fail to comply with the notice may face legal action from the Anti-Dumping Commission, which could lead to further financial and reputational consequences.