Customs Act 1901 – Part XVB
Sodium Hydrogen Carbonate (Sodium bicarbonate)
Exported from the People’s Republic of China
Findings in relation to a Revocation Review of
Anti-Dumping Measures
Public Notice under subsection 269ZDB(1) of the Customs Act 1901
The Commissioner of the Anti-Dumping Commission (the Commission) has completed the review, which commenced on 22 July 2014, of the anti-dumping measures applying to sodium bicarbonate (“the goods”) exported to Australia from the People’s Republic of China.
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 No.256 (REP 256).
I, IAN MACFARLANE, the Minister for Industry and Science, have considered REP 256 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 256.
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, that to the extent that the anti-dumping measures concerning the goods involved the publication of a dumping duty notice that, with effect from 22 July 2014, the notice is taken to have been revoked in relation to exporters generally.
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
Department of Industry
10 Binara Street
CANBERRA CITY ACT 2601, AUSTRALIA
Phone: +61 2 6276 1781
Fax: +61 2 6213 6821
Email: ADRP_Support@industry.gov.au
REP 256 has been placed on the public record which is available at www.adcommission.gov.au. Alternatively, the public record may be examined at the Commission’s 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 3 9244 8242, fax number 1300 882 506 or +61 2 6275 6888 (outside Australia) or email operations3@adcommission.gov.au.
Dated this 21st day of January 2015
IAN MACFARLANE
Minister for Industry and Science
Overview
The Customs Act 1901, enacted by the Parliament of Australia, addresses the issue of anti-dumping measures concerning the import of certain goods, specifically sodium bicarbonate exported from the People’s Republic of China in this case. This Act, through its various provisions, seeks to protect Australian industries from the injurious effects of dumped imports. The Minister for Industry and Science, Ian Macfarlane, has considered the findings and recommendations from the Anti-Dumping Commission's review, which led to the revocation of the anti-dumping measures for sodium bicarbonate. This decision aligns with the policy objective of ensuring fair trade practices and protecting domestic industries from unfair competition. The revocation of the dumping duty notice, effective from 22 July 2014, signifies a significant shift in the regulatory approach towards these imports, allowing for a more balanced trade environment.
Scope and Application
The Customs Act 1901, specifically Part XVB, pertains to the regulation of anti-dumping measures on goods imported into Australia. In this instance, the Act applies to sodium bicarbonate exported from the People’s Republic of China, targeting the conduct and transactions associated with potential dumping of these goods. The geographic reach of this Act is national, as it applies across Australia under the Commonwealth jurisdiction. The revocation of anti-dumping measures generally applies to all exporters of sodium bicarbonate from the specified country. The decision to revoke the anti-dumping measures is effective from 22 July 2014 and follows a review process overseen by the Anti-Dumping Commission, with the Minister for Industry and Science making the final decision based on the Commission’s report. Interested parties have the option to seek a review of this decision through the Anti-Dumping Review Panel within 30 days of the notice’s publication. The revocation impacts the imposition of dumping duties that were previously in place under the Customs Tariff (Anti-Dumping) Act 1975.
Key Provisions
The Customs Act 1901, particularly Part XVB, addresses the revocation of anti-dumping measures on sodium bicarbonate exported from the People's Republic of China. The main operative sections in this context include section 269ZDB, which empowers the Minister to revoke anti-dumping measures if the Anti-Dumping Commission finds sufficient evidence to support such revocation (subsection 269ZDB(1)). In this case, the Minister for Industry and Science, Ian Macfarlane, has accepted the recommendations from the Anti-Dumping Commission Report No. 256 (REP 256) and declared that the anti-dumping measures, including the dumping duty notice, are revoked from 22 July 2014.
The Act imposes several obligations and requirements on the parties involved. Exporters of sodium bicarbonate from China must ensure compliance with the revoked anti-dumping measures, meaning they no longer need to pay the previously imposed dumping duties. The Anti-Dumping Commission is tasked with conducting reviews and providing comprehensive reports detailing findings and recommendations. Interested parties, including exporters and importers, must be aware of their rights to seek a review of the decision through the Anti-Dumping Review Panel within 30 days of the notice's publication.
The Act also outlines potential consequences for non-compliance. While specific offences and penalties are not detailed in this notice, breaches of anti-dumping regulations can lead to significant legal and financial repercussions. Under the Customs Act, penalties for non-compliance can include substantial fines and, in severe cases, imprisonment. The maximum penalties for breaches of anti-dumping duties can vary, but they generally include fines of up to $22,000 for individuals and substantially higher amounts for corporations, alongside potential imprisonment terms. These provisions serve as a deterrent and ensure adherence to the anti-dumping regulations set forth in the Act.