Customs Act 1901 – Part XVB
FOOD SERVICE AND INDUSTRIAL PINEAPPLE
Exported from Thailand
Findings in Relation to a Review of Anti-Dumping Measures
Public Notice under subsection 269ZDB(1) of the Customs Act 1901
The Anti-Dumping Commission (previously the Australian Customs and Border Protection Service) has completed its review, which commenced on 19 December 2012, of the anti-dumping measures applying to food service and industrial pineapple (“the goods”) exported to Australia from Thailand.
Recommendations resulting from that review, reasons for the recommendations and material findings of fact and law in relation to the review are contained in International Trade Remedies Report No. 196 (REP 196).
I, Jason Clare, the Minister for Home Affairs, have considered REP 196 and have decided to accept the recommendations and reasons for the recommendations, including all the material findings of facts or law set out in REP 196.
Under subsection 269ZDB(1) of the Customs Act 1901 (the Act), I declare, for the purposes of the Act and the Customs Tariff (Anti-Dumping) Act 1975, to the extent that anti-dumping measures concerning the goods involved the publication of a dumping duty notice that, with effect from the date of publication of this notice, the notice is to be taken to have effect or to have had effect in relation to exporters of food service and industrial pineapple from Thailand as if different variable factors had been fixed in respect of those exporters, with the exception of Malee Sampran Public Co. Limited, which is exempt from the measures.
The export prices, normal values and non-injurious prices will be varied as a result of this review. To preserve confidentiality, the revised variable factors will not be published. Bona fide importers of the goods can obtain details of the new rates from the Regional Dumping Officer in their respective capital city.
The interim dumping duty payable is an amount which will be worked out in accordance with the combination of fixed and variable duty method as outlined in the Customs Tariff (Anti-Dumping) Regulations 2013.
REP 196 has been placed on the Anti-Dumping Commission’s public record, available at http://www.adcommission.gov.au. Alternatively, the public record may be examined at the office address below during business hours by contacting the Case Manager on the details provided below.
Interested parties may seek a review of this decision by lodging an application with the Anti-Dumping Review Panel, in accordance with the requirements of Division 9 of Part XVB of the Act, within 30 days of the publication of this notice.
The Anti-Dumping Review Panel can be contacted by mail, phone, fax or email:
Anti-Dumping Review Panel
c/o Legal Services Branch
Australian Customs and Border Protection Service
5 Constitution Avenue
CANBERRA CITY ACT 2601, AUSTRALIA
Phone: +61 2 6275 5868
Fax: +61 2 6275 6784
Email: ADRP_support@customs.gov.au
Enquiries about this notice may be directed to the case manager on telephone number 02 6275 5675 fax number 02 6275 6690 or Operations1@adcommission.gov.au.
Dated this 10th day of July 2013
Jason Clare
Minister for Home Affairs
Overview
The Customs Act 1901, specifically Part XVB, was enacted to address the problem of dumping of imported goods and to provide measures to counteract such practices. This legislation, amended over the years, aims to ensure that imported goods are not sold in Australia at unfairly low prices, which could harm domestic industries. The Act empowers the Anti-Dumping Commission to review and impose anti-dumping measures where necessary. In this context, the Minister for Home Affairs has recently accepted the Commission's review of anti-dumping measures concerning food service and industrial pineapple exported from Thailand. This decision, effective from the date of the public notice, adjusts the variable factors for the exporters, except for Malee Sampran Public Co. Limited, which remains exempt. The policy objective is to maintain fair trading conditions and protect Australian industries from the adverse effects of dumped imports.
Scope and Application
The Customs Act 1901, specifically Part XVB, pertains to the imposition of anti-dumping measures on imported goods, with a particular focus on food service and industrial pineapple exported from Thailand to Australia. This legislation applies to entities engaged in the exportation of the specified goods from Thailand, and it is overseen by the Anti-Dumping Commission, previously managed by the Australian Customs and Border Protection Service. The Act governs the conduct of these exporters and the transactions involving the importation of the goods into Australia, ensuring compliance with the set anti-dumping measures. Geographically, the Act's application is nationwide, as it is a Commonwealth legislation. Notably, the Act exempts Malee Sampran Public Co. Limited from these measures. The application of the Act can be further extended or restricted through subordinate instruments such as the Customs Tariff (Anti-Dumping) Regulations 2013, which detail the calculation of interim dumping duties. The public can seek reviews or further information from the Anti-Dumping Review Panel or the Anti-Dumping Commission’s public record.
Key Provisions
The Customs Act 1901 (the Act) contains specific provisions within Part XVB that govern the imposition and modification of anti-dumping measures on imported goods. Under subsection 269ZDB(1) of the Act, the Minister for Home Affairs, in this case Jason Clare, has the authority to alter the anti-dumping measures for food service and industrial pineapple exported from Thailand. Following a review completed by the Anti-Dumping Commission, the Minister has decided to accept the recommendations contained in International Trade Remedies Report No. 196 (REP 196), which includes revised variable factors affecting the dumping duty. This decision means that the dumping duty notice now applies to exporters of food service and industrial pineapple from Thailand, with an exception for Malee Sampran Public Co. Limited, which remains exempt from these measures.
Entities and parties governed by the Act now face specific obligations and requirements as a result of the Minister's decision. Exporters of food service and industrial pineapple from Thailand must adhere to the modified anti-dumping measures as outlined in REP 196. This includes complying with the revised variable factors, which have been set to ensure fair trading practices and to prevent the injurious effects of dumped imports. Bona fide importers can obtain the new rates from the Regional Dumping Officer in their respective capital city, ensuring they are aware of the applicable duties. Additionally, the Anti-Dumping Commission's public record is available for examination, providing transparency and access to the details of the review and the new measures.
Failure to comply with the anti-dumping measures set out in the Act can lead to various consequences. The Act does not specify particular offences, penalties, or civil and criminal consequences in this instance, but general provisions within the Customs Act and related regulations apply. Typically, non-compliance with anti-dumping measures can result in financial penalties, seizures of goods, and potential legal action. The interim dumping duty is calculated using the combination of fixed and variable duty methods as outlined in the Customs Tariff (Anti-Dumping) Regulations 2013, ensuring that duties are accurately applied to the imported goods. Interested parties have the right to seek a review of this decision by lodging an application with the Anti-Dumping Review Panel within 30 days of the publication of this notice, providing a mechanism for appeal and review of the Minister's decision.