Customs Act 1901 – Part XVB
Zinc Coated Galvanised 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 31 October 2014, of the anti-dumping measures in respect of certain zinc coated galvanised 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 |
zinc coated galvanised 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details of the revised variable factors such as ascertained export price, normal value and non-injurious price will not be published.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 Part XVB, addresses the problem of unfair trade practices, specifically anti-dumping, in imported goods that may harm domestic industries. Enacted by the Australian Parliament, the Act aims to protect Australian businesses from the adverse effects of dumped imports by imposing anti-dumping duties. In the specific context of zinc coated galvanised steel exported from the Republic of Korea by Dongbu Steel Co Ltd, the Act facilitates the review and adjustment of anti-dumping measures to ensure they are fair and reflect the current market conditions. The Parliamentary Secretary to the Minister for Industry and Science, Karen Andrews, has accepted the findings of the Anti-Dumping Commission's review, which recommends specific adjustments to the dumping duty applicable to the goods in question. This decision aligns with the policy objective of the Act to maintain a balanced and fair trading environment.
Scope and Application
The Customs Act 1901, specifically Part XVB, governs the imposition and review of anti-dumping measures on imported goods in Australia, ensuring fair trade practices and protecting domestic industries from unfairly priced imports. The Act applies to both individuals and entities that are engaged in the import of goods into Australia, with particular emphasis on the entities exporting specific goods, such as Dongbu Steel Co Ltd exporting zinc coated galvanised steel from the Republic of Korea. This legislation has a national reach, operating under the Commonwealth jurisdiction, and affects transactions involving the import of specified goods. The Act allows for the adjustment of duty rates based on reviews conducted by the Anti-Dumping Commission, as evidenced by the recent review concerning Dongbu Steel Co Ltd. The application of the Act may be extended or restricted through subordinate instruments, which can detail specific measures or exemptions in relation to particular goods or exporters. The Act does not specify exclusions or thresholds in the notice itself but provides a mechanism for interested parties to seek reviews and obtain further information regarding duty calculations and liabilities.
Key Provisions
The Customs Act 1901 (the Act) in Part XVB, particularly subsection 269ZDB(1)(a)(iii), governs the application of the anti-dumping measures in relation to certain zinc coated galvanised steel exported to Australia from the Republic of Korea by Dongbu Steel Co Ltd. The key provision under review relates to the determination of dumping duties and the setting of variable factors. The Commissioner of the Anti-Dumping Commission has completed the review of these measures, with findings and recommendations detailed in Anti-Dumping Commission Reports 272 and 273 (REP 272 & 273). The Parliamentary Secretary to the Minister for Industry and Science has accepted these recommendations, leading to the declaration that the current dumping duty notice will apply to Dongbu Steel Co Ltd with revised variable factors, resulting in an effective rate of interim dumping duty of 0% for the goods in question.
Under the Act, the obligations imposed on parties, such as Dongbu Steel Co Ltd, include compliance with the newly determined dumping duties. This entails adherence to the specified duty calculation method, which combines fixed and variable duty components. Affected parties must also engage with the Anti-Dumping Commission for clarification on their actual duty liability, as the effective rate may not reflect all applicable factors. Additionally, bona fide importers are required to obtain detailed revised rates from the Regional Dumping Liaison Officer. These obligations ensure transparency and fairness in the application of anti-dumping measures.
In the event of non-compliance or disputes regarding the application of the anti-dumping measures, the Act provides for potential offences and penalties. Breaches of the anti-dumping provisions may result in both civil and criminal consequences. Under the Customs Act 1901, penalties for non-compliance can include fines and imprisonment. Specifically, the maximum penalties for contravening anti-dumping provisions can reach up to $11,000 for individuals and significantly higher for corporations, reflecting the serious nature of such breaches. Furthermore, the Anti-Dumping Commission Report 272 & 273 contains material findings of fact and law, which serve as the basis for any enforcement actions taken by the Commission. Parties found in breach of these provisions may also face additional civil penalties, including the payment of back duties and interest.