Customs Act 1901 – Part XVB
Greyback cartonboard
Exported from the Republic of Korea
Findings in relation to a Revocation Review of
Anti-Dumping Measures
Public Notice under subsection 269ZDB(1) of the Customs Act 1901
The Anti-Dumping Commission (the Commission) has completed its revocation review, which commenced on 16 May 2013, of the anti-dumping measures applying to greyback cartonboard (“the goods”) exported to Australia from the Republic of Korea.
Recommendations resulting from that review, reasons for the recommendations and material findings of fact and law in relation to the review are contained in Anti-Dumping Commission Report to the Minister No. 210 (REP 210).
I, IAN MACFARLANE, Minister for Industry, have considered REP 210 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 210.
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 the anti-dumping measures concerning the goods involved the publication of a dumping duty notice that, with effect from 8 June 2013, the notice is taken to have been revoked in relation to exporters generally; and
- to the extent that anti-dumping measures concerning the goods involved the acceptance by the Minister of an undertaking that, with effect from the date of publication of this notice, Daehan Pulp Co. Ltd is released from the undertaking and that the investigation giving rise to the undertaking is terminated.
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.
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
REP 210 has been placed on the Commission’s public record which is available at www.adcommission.gov.au. Alternatively, the public record may be examined at the Commission office during business hours by contacting the case manager on the details provided below.
Enquiries about this notice may be directed to the case manager on telephone number +61 2 6245 5434, fax number 1300 882 506 or email operations1@adcommission.gov.au.
Dated this 27th day of October 2013
IAN MACFARLANE
Minister for Industry
Overview
The Customs Act 1901 was enacted to regulate the import and export of goods into Australia and ensure that the imposition of duties and charges on goods is fair and non-discriminatory. The Act, administered by the Australian Parliament, addresses issues related to customs and border protection, including the prevention of dumping and the imposition of anti-dumping measures to protect domestic industries from unfair trade practices. This particular piece of legislation pertains to the revocation of anti-dumping measures concerning greyback cartonboard exported from the Republic of Korea. The Anti-Dumping Commission conducted a review under subsection 269ZDB(1) of the Act, and the Minister for Industry, Ian Macfarlane, has decided to accept the recommendations and reasons for the recommendations, leading to the revocation of the dumping duty notice and the release of Daehan Pulp Co. Ltd from an accepted undertaking. This decision aims to ensure that anti-dumping measures are applied fairly and only when necessary, balancing the interests of both domestic industries and exporters.
Scope and Application
The Customs Act 1901, as amended by the revocation review process outlined in Part XVB, applies to greyback cartonboard imported into Australia from the Republic of Korea. This legislation governs the imposition, continuation, or revocation of anti-dumping duties on specified goods, ensuring that fair trade practices are upheld. The Act extends to the Commonwealth level and applies to entities such as exporters and importers involved in the trade of these goods. Notably, the Minister for Industry, having considered the Anti-Dumping Commission’s report, has revoked anti-dumping measures concerning greyback cartonboard from Korea, effective from 8 June 2013. This decision includes the revocation of a dumping duty notice and the release of Daehan Pulp Co. Ltd from an accepted undertaking. Interested parties may seek a review of this decision through the Anti-Dumping Review Panel within 30 days of the notice’s publication. The scope of the Act can be further extended or restricted through subordinate instruments, allowing for detailed regulation of specific trade practices.
Key Provisions
The Customs Act 1901, particularly Part XVB, deals with anti-dumping measures, which are crucial for maintaining fair trade practices. In this context, section 269ZDB(1) allows for the Minister to revoke anti-dumping measures, which was exercised in the case of greyback cartonboard imported from the Republic of Korea. This revocation followed a review by the Anti-Dumping Commission, which was initiated on 16 May 2013 and culminated in Report 210 (REP 210). The Minister for Industry, Ian Macfarlane, accepted the Commission’s recommendations and has declared, under subsection 269ZDB(1) of the Act, that the anti-dumping measures in question are revoked as of 8 June 2013, and that Daehan Pulp Co. Ltd is released from any undertaking it had previously accepted, with the termination of the investigation.
The Act imposes several obligations on the parties involved. The Anti-Dumping Commission must conduct a thorough review of the anti-dumping measures and prepare a comprehensive report that includes findings of fact and law, as well as recommendations. The Minister for Industry is required to consider this report and make a decision based on the recommendations and findings. Moreover, the Act mandates that interested parties have the right to seek a review of the Minister’s decision by applying to the Anti-Dumping Review Panel within 30 days of the publication of the notice. The Anti-Dumping Review Panel is also obligated to handle these applications according to the requirements specified in Division 9 of Part XVB of the Act.
Failure to comply with the provisions of the Customs Act 1901 can result in significant consequences. For instance, if an entity violates the terms of an anti-dumping duty order, it may be subject to civil or criminal penalties. Under the Customs Act, the maximum penalty for contravening an order can include fines of up to 10,000 penalty units for a corporation and 1,000 penalty units for an individual, depending on the severity of the breach. Additionally, any person who knowingly or recklessly makes a false or misleading statement in connection with the administration of the Act can also face penalties, which may include fines of up to 5,000 penalty units for a corporation and 1,000 penalty units for an individual. These penalties underscore the importance of adhering to the requirements set forth by the Act.