Customs Act 1901 – Part XVB
ALUMINIUM ROAD WHEELS
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 Commissioner of the Anti-Dumping Commission (the Commissioner) has completed the accelerated review, which commenced on 4 July 2014, of the anti-dumping measures applying to aluminium road wheels (“the goods”) exported to Australia from the People’s Republic of China by Shandong Hengyu Auto Parts Co. Ltd. (“the applicant”).
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. 257 (REP 257).
I, CHARLES ROBERT BALDWIN, the Parliamentary Secretary to the Minister for Industry (the Parliamentary Secretary), have considered REP 257 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 257.
Under subsection 269ZG(3) of the Customs Act 1901 (the Act), I declare that, with effect from 4 July 2014 the Act and the Customs Tariff (Anti-Dumping) Act 1975 (the Dumping Duty Act) have effect as if the original dumping duty notice remain unchanged.
Under subsection 269ZG(3) of the Act, I declare that, with effect from 4 July 2014 the Act and the Dumping Duty Act have effect as if the original countervailing duty notice had applied to the applicant but the Parliamentary Secretary had fixed specified different variable factors relevant to the determination of duty payable by the applicant.
The countervailing duty that has been determined is an amount worked out in accordance with, the ad valorem method.
REP 257 has been placed on the public record, which may be examined at the Anti-Dumping Commission 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
ph: 03 9244 8236, fax number 1300 882 506 or +61 2 6275 6888 (outside Australia) or operations4@adcommission.gov.au.
Dated this 28th day of October 2014
CHARLES ROBERT BALDWIN
Parliamentary Secretary to the Minister for Industry
Overview
The Customs Act 1901, enacted by the Commonwealth Parliament, was updated in 2014 to address issues arising from the dumping of aluminium road wheels imported from the People's Republic of China. This update came in the form of an accelerated review of the existing anti-dumping measures by the Anti-Dumping Commission. The review was prompted by an application from Shandong Hengyu Auto Parts Co. Ltd. and was overseen by the Commissioner of the Anti-Dumping Commission. The Parliamentary Secretary to the Minister for Industry reviewed the Commission's report and ultimately decided to accept its recommendations, thereby maintaining the original dumping duties while adjusting the countervailing duties for the specified applicant. This decision was made under subsection 269ZG(3) of the Customs Act 1901, ensuring the continued protection of the domestic industry against unfairly traded imports.
Scope and Application
The Customs Act 1901 applies to all goods imported into Australia, including aluminium road wheels exported from the People's Republic of China by entities such as Shandong Hengyu Auto Parts Co. Ltd. The Act, which has a national reach, is administered by the Commissioner of the Anti-Dumping Commission and overseen by the Parliamentary Secretary to the Minister for Industry. The Act and its associated regulations govern the imposition of anti-dumping duties, with the accelerated review process under Part XVB providing a framework for the review of existing measures. This review process includes the publication of a public notice, such as the one under subsection 269ZG(3) of the Customs Act, which informs stakeholders of the review's findings and the decision to maintain or alter existing duties. The Act allows for the imposition of both dumping and countervailing duties, with the specific rates and methods of calculation being determined by the Anti-Dumping Commission and confirmed by the Parliamentary Secretary. Subordinate instruments may further define the application and administration of these duties, but the primary legislative framework remains within the Customs Act 1901 and the Customs Tariff (Anti-Dumping) Act 1975. The exclusions and exemptions from these duties are determined on a case-by-case basis during the review process.
Key Provisions
The Customs Act 1901, under Part XVB, contains provisions related to the accelerated review of anti-dumping measures for aluminium road wheels exported from China to Australia. Specifically, section 269ZG(3) is pertinent here, as it outlines the process and findings following the review. Following the completion of the review, the Commissioner of the Anti-Dumping Commission has submitted a report, Anti-Dumping Commission Report No. 257 (REP 257), detailing the findings and recommendations. The Parliamentary Secretary to the Minister for Industry has considered this report and decided to accept its recommendations, reasons, and findings.
The obligations and requirements imposed by this Act on the parties involved, particularly Shandong Hengyu Auto Parts Co. Ltd., include adherence to the determined countervailing duties as specified in the ad valorem method. The countervailing duty has been adjusted according to the variable factors identified in REP 257. This means that the company must comply with the new duty rates as outlined in the report, which reflect the findings of the accelerated review. Additionally, any importers of these goods from the specified company are required to pay the revised duties, ensuring compliance with Australian trade laws.
Failure to comply with the anti-dumping measures and the specified duties may result in legal consequences. Under the Customs Act 1901, breaches of the anti-dumping provisions can lead to civil or criminal penalties. For civil offences, the penalties can include fines and other monetary sanctions as prescribed by the Act. For criminal offences, the penalties can be more severe, potentially involving imprisonment and additional fines. The exact penalties are determined based on the severity of the breach and are subject to the judicial discretion under the relevant sections of the Act. It is essential for all parties to ensure strict adherence to these regulations to avoid any legal repercussions.