Customs Act 1901 – Part XVB
Aluminium extrusions
Exported from the People’s Republic of China
Findings in relation to an Accelerated Review of Anti-Dumping Measures
Public Notice under subsection 269ZG(3) of the Customs Act 1901
The Anti-Dumping Commission (the Commission) has completed its accelerated review, which commenced on 13 June 2013, of the anti-dumping measures applying to aluminium extrusions (“the goods”) exported to Australia from the People’s Republic of China (China) by Guangdong Jinxiecheng Al. Manufacturing Co., Ltd (Guangdong Jinxiecheng).
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. 214 (REP 214).
I, IAN MACFARLANE the Minister for Industry, have considered REP 214 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 214.
Under subsection 269ZG(3) of the Customs Act 1901 (the Act), I declare that, with effect from 13 June 2013, the Act and the Customs Tariff (Anti-Dumping) Act 1975 have effect as if the original dumping duty notice and countervailing duty notice had applied to the applicant but I had fixed specified different variable factors relevant to the determination of duty payable by the applicant.
The dumping duty that has been determined is an amount worked out in accordance with the floor price duty method. The Countervailing duty that has been determined is an amount worked out as a proportion of the export price of the goods, reflecting the ad valorem duty method.
Particulars of the export prices, non-injurious prices, and normal values of the goods (as ascertained in the confidential tables to this notice) will not be published as they may reveal confidential information.
REP 214 has been placed on the Commission’s public record, available at www.adcommission.gov.au. Alternatively, the public record may be examined at the Commission office 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 8243, fax number 1300 882 506 or +61 2 6275 6888 (outside Australia) or email at operations3@adcommission.gov.au.
Dated this 3rd day of December 2013
IAN MACFARLANE
Minister for Industry
Overview
The Customs Act 1901, enacted in 1901, is a foundational piece of legislation governing customs and border control in Australia. It provides the legal framework for the regulation of imports and exports, including the imposition of duties and the enforcement of trade laws. Part XVB of the Act, specifically, addresses anti-dumping measures to protect Australian industries from the injurious effects of dumped imports. The 2013 accelerated review of anti-dumping measures for aluminium extrusions exported from the People’s Republic of China was introduced to address specific concerns about potential dumping of these goods, which could undermine the competitive position of Australian manufacturers. The review was conducted by the Anti-Dumping Commission, an independent statutory body established under the Act, and was overseen by the Minister for Industry, who has the authority to accept or reject the Commission's recommendations. This intervention aims to ensure fair trade practices and safeguard domestic industries from unfair trade practices.
Scope and Application
The Customs Act 1901, as amended and relevant to this context, applies to the import of aluminium extrusions from the People's Republic of China, specifically to Guangdong Jinxiecheng Al. Manufacturing Co., Ltd. This legislation governs the imposition of anti-dumping duties on the specified goods to counteract the injurious effects of dumped or subsidised imports. The Act applies nationally across Australia, thereby affecting entities involved in the importation of aluminium extrusions from China. The anti-dumping measures implemented under this Act ensure fair trade practices by preventing the sale of these goods at prices lower than the fair market value, which could harm domestic industries. The determination of the duties is made based on the findings of the Anti-Dumping Commission, which were reviewed and accepted by the Minister for Industry. The Act’s application is further detailed through subordinate instruments which provide specific methodologies for calculating the dumping and countervailing duties. Notably, the notice does not disclose certain pricing details to protect confidential commercial information. This legislative action is a specific response to the identified dumping practices, ensuring compliance and protection for the Australian market.
Key Provisions
The Customs Act 1901, under Part XVB, specifically addresses anti-dumping measures related to goods exported from the People's Republic of China, particularly aluminium extrusions. The Act mandates that, following an accelerated review by the Anti-Dumping Commission (section 269ZG), the Minister for Industry can decide to accept or reject the Commission's recommendations regarding the imposition of anti-dumping duties. In this instance, the Minister has accepted the findings of Anti-Dumping Commission Report No. 214 (REP 214), which recommends the continuation of anti-dumping measures for the specified goods (section 269ZG(3)).
The obligations under this Act include the requirement for the Anti-Dumping Commission to conduct thorough reviews of anti-dumping measures and submit comprehensive reports to the Minister. The Minister, in turn, is obligated to consider these reports and make informed decisions based on the evidence and recommendations presented. Additionally, the Act imposes a duty on the exporting company, Guangdong Jinxiecheng, to comply with the determined dumping and countervailing duties. This involves ensuring that all relevant export documentation reflects these duties, and that any required payments are made to the Australian Customs Service.
Failure to comply with the provisions of the Customs Act 1901 regarding anti-dumping measures can result in significant legal consequences. The Act outlines various offences, including the illegal exportation of goods without proper duty payments, which can be prosecuted under criminal law. Penalties for these offences can include substantial fines and, in severe cases, imprisonment. Civil penalties may also apply, which can further include financial penalties based on the extent of the breach and the amount of duty evaded. The maximum penalties are determined by the seriousness of the offence, with the potential for significant financial repercussions for both individuals and companies found in breach of the Act.