Certain Aluminium Extrusions
Exported from the People’s Republic of China
Findings in relation to a Review of Anti-Dumping Measures
Public 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 12 June 2014, of the anti-dumping measures in respect of certain aluminium extrusions (‘the goods’) exported from the People’s Republic of China (China) to Australia.
The recommendation resulting from the 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. 248 (REP 248).
I, KAREN ANDREWS, the Parliamentary Secretary to the Minister for Industry and Science, have considered REP 248 and have decided to accept the recommendation and reasons for the recommendation, including all material findings of fact and law set out in REP 248.
Under subsection 269ZDB(1)(a)(iii) of the Customs Act 1901 (the Act), I declare, for the purposes of the Act and the Customs Tariff (Anti-Dumping) Act 1975 (Dumping Duty Act), that, with effect from the date of publication of this notice, the dumping duty notice and countervailing duty notice currently applying to the goods exported to Australia from China is to be taken to have effect or to have had effect, in relation to all exporters from China, as if different variable factors had been fixed in respect of all exporters, relevant to the determination of duty.
The dumping duty that has been determined is an amount that has been worked out in accordance with the combination of fixed (ad valorem) and variable duty method pursuant to subsection 5(2) of the Customs Tariff (Anti-Dumping) Regulation 2013, as detailed in the table below and the notice has effect accordingly.
The countervailing duty that has been determined is an amount that has been ascertained as a proportion of the export price of the goods pursuant to subsection 10(3B)(a) of the Dumping Duty Act , as detailed in the table below and the notice has effect accordingly.
Exporter | Effective rate of interim dumping duty (fixed component) | Effective rate of interim countervailing duty | Duty Method |
Guang Ya Aluminium Industries Co. Ltd | 0.0% | 4.5% | Dumping – combination of fixed (ad valorem) and variable duty method. Countervailing – (ad valorem)). |
PanAsia Aluminium (China) Co Ltd | 16.5% | 5.4% |
Tai Shan City Kam Kiu Aluminium Extrusion Co Ltd | 2.0% | 1.8% |
Guangdong Zhongya Aluminium Co. Ltd | N/A | 0.6% |
Residual Exporters# | 9.4% | 8.1% |
All other and uncooperative exporters (except Tai Ao) | 28.3% | 20.2% |
# - As specified in REP 248
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 telephone number 13 28 46 or email at clientsupport@adcommission.gov.au for further information regarding the actual duty liability calculation in their particular circumstance.
To preserve confidentiality, the revised variable factors such as ascertained export price, normal value, non-injurious price and countervailable subsidy amount will not be published. Bona fide importers of the goods can obtain details of the new rates from the Commission on telephone number 13 28 46 or email at clientsupport@adcommission.gov.au.
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 248 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 2418, fax number +61 3 8539 2499, or email at operations3@adcommission.gov.au.
Dated this 12th day of August 2015
KAREN ANDREWS
Parliamentary Secretary to the Minister for Industry and Science
Overview
The Customs Act 1901, enacted by the Australian Parliament, governs the regulation of imports and exports, including the imposition of duties to prevent unfair trade practices such as dumping and subsidisation. This Act was introduced to address the problem of unfair trade practices that could harm domestic industries. The Customs Tariff (Anti-Dumping) Act 1975 complements the Customs Act by specifically targeting anti-dumping measures. Following a review by the Anti-Dumping Commission of measures in place for certain aluminium extrusions exported from China, the Parliamentary Secretary to the Minister for Industry and Science has accepted the Commission's recommendation to adjust the dumping and countervailing duties for these goods. This decision ensures that the appropriate duties are applied to protect Australian industries from injurious dumping and subsidisation.
Scope and Application
The Anti-Dumping Commission, pursuant to the Customs Act 1901, has concluded its review of anti-dumping measures applied to certain aluminium extrusions exported from China to Australia. This review pertains to all exporters of the specified goods from China to Australia, encompassing both entities and individual exporters. The revised dumping and countervailing duties, determined in accordance with the Customs Tariff (Anti-Dumping) Regulation 2013 and the Customs Tariff (Anti-Dumping) Act 1975, now apply to the relevant exporters as detailed in Anti-Dumping Commission Report No. 248. These duties are calculated based on a combination of fixed and variable components, affecting the duty rates for different exporters as outlined in the notice. Notably, affected parties can seek further information on their specific duty liabilities from the Anti-Dumping Commission. Additionally, the review decision can be contested by interested parties through an application to the Anti-Dumping Review Panel within 30 days of the notice's publication. The revised variable factors, such as export price and subsidy amounts, are withheld from public disclosure to maintain confidentiality but can be obtained by bona fide importers directly from the Commission.
Key Provisions
The key provisions of the legislation are contained in subsection 269ZDB(1)(a)(iii) of the Customs Act 1901, which allows for the declaration of the effect of the anti-dumping measures on the duties applicable to certain aluminium extrusions exported from China to Australia. This is based on the review findings and recommendation in Anti-Dumping Commission Report No. 248 (REP 248). The Commissioner of the Anti-Dumping Commission has concluded that the dumping duty and countervailing duty notices currently in place will continue to apply but with adjusted variable factors for all exporters from China. This decision is effective from the date of the notice's publication.
The Act imposes obligations on various entities involved in the export and import of the specified aluminium extrusions. Exporters from China must comply with the new rates of dumping duty and countervailing duty as outlined in the notice, which vary by exporter. Bona fide importers are required to contact the Anti-Dumping Commission to obtain specific details of the duty rates applicable to their transactions. All parties affected by the duty rates must ensure that their transactions comply with the new rates and understand that their actual duty liability may exceed the effective rate due to various factors.
Failure to comply with the revised anti-dumping measures may result in civil or criminal consequences, depending on the nature and extent of the breach. The maximum penalties for breaches of the Customs Act 1901 can include substantial fines and imprisonment. For instance, under section 237A of the Customs Act 1901, an individual may be liable to a penalty of up to 10,000 penalty units or imprisonment for up to five years, or both, for contravening certain provisions of the Act. Similarly, under section 238, a corporation may be fined up to 50,000 penalty units for each offence. These penalties underscore the importance of adherence to the prescribed duty rates and compliance requirements.