Customs Act 1901 – Part XVB
Certain 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 Commissioner of the Anti-Dumping Commission has completed the accelerated review, which commenced on 21 July 2014, of the anti-dumping measures applying to certain aluminium extrusions exported to Australia from the People’s Republic of China by Zhaoqing Xinlianchang Metal Corporation Ltd.
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. 259 (REP 259).
I, ROBERT CHARLES BALDWIN, the Parliamentary Secretary to the Minister for Industry, have considered REP 259 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 259.
Under subsection 269ZG(3)(b)(ii) of the Customs Act 1901 (the Act), I declare that, with effect from 21 July 2014, 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 the Parliamentary Secretary had fixed specified different variable factors relevant to the determination of duty payable by the applicant.
The duty that has been determined is an amount worked out in accordance with the combination of the floor price duty method and the ad valorem duty method.
REP 259 has been placed on the public record, which is available at www.adcommission.gov.au. Alternatively, the public record may be examined at the Anti-Dumping Commission’s 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 9 244 8225, fax number 1300 882 506 or +61 2 6275 6888 (outside Australia) or operations4@adcommission.gov.au.
Dated this 24th day of November 2014
ROBERT CHARLES BALDWIN
Parliamentary Secretary to the Minister for Industry
Overview
The Customs Act 1901, enacted by the Australian Parliament, was amended to include Part XVB, which governs anti-dumping measures to protect Australian industries from unfair trade practices. This particular instance of the Act was invoked to address the problem of alleged dumping of certain aluminium extrusions exported from the People’s Republic of China by Zhaoqing Xinlianchang Metal Corporation Ltd. The Anti-Dumping Commission was tasked with conducting an accelerated review of the existing anti-dumping measures in response to this issue, with the overarching policy objective of ensuring fair trade practices and protecting domestic industries from injurious effects of dumped goods. Following the review, the Parliamentary Secretary to the Minister for Industry, Robert Charles Baldwin, accepted the Commission's recommendations, thereby adjusting the applicable dumping duty to reflect the findings of the review. This decision was made to maintain the integrity of Australia's trade laws and safeguard the interests of local manufacturers.
Scope and Application
The Customs Act 1901, as amended and applied in this instance through Part XVB, pertains to the regulation of certain aluminium extrusions imported from the People's Republic of China, specifically those exported by Zhaoqing Xinlianchang Metal Corporation Ltd. The Act applies to the specified aluminium extrusions and the entity involved, Zhaoqing Xinlianchang Metal Corporation Ltd., imposing anti-dumping duties as determined by the Anti-Dumping Commission. This application is nationwide within Australia, encompassing all states and territories, and aligns with the broader objectives of the Customs Act to prevent and address unfair trade practices. The anti-dumping measures were subject to an accelerated review under subsection 269ZG(3) of the Act, following which the Parliamentary Secretary accepted the Anti-Dumping Commission's recommendations and findings, leading to the adjustment of duty factors for the specified products. This legislative action ensures that the anti-dumping duties are appropriately set and enforced to protect domestic industries from injurious dumping.
Key Provisions
The Customs Act 1901, in particular Part XVB, governs the application of anti-dumping measures to certain aluminium extrusions exported from the People's Republic of China to Australia by Zhaoqing Xinlianchang Metal Corporation Ltd. The main sections relevant to this legislation are section 269ZG, which outlines the process for accelerated reviews of anti-dumping measures, and section 269ZG(3), which specifies the Parliamentary Secretary’s role in accepting or rejecting the Anti-Dumping Commission’s recommendations. The accelerated review process, which was initiated on 21 July 2014, culminates in the publication of a report by the Anti-Dumping Commission (section 269ZG(3)(b)). This report, REP 259, contains the Commission’s recommendations, the reasons behind them, and the material findings of fact and law.
The Act imposes several obligations on the parties involved. Firstly, the Anti-Dumping Commission is tasked with conducting the accelerated review and producing a comprehensive report detailing its findings and recommendations (section 269ZG). The Commission's report must be made available to the public, either online or at its office (section 269ZG(3)(b)). Secondly, the Parliamentary Secretary to the Minister for Industry is required to consider the Commission’s report, including all material findings of fact and law, and make a decision on whether to accept or reject the recommendations (section 269ZG(3)(b)(ii)). The Parliamentary Secretary’s decision must be communicated to the public, as demonstrated by the public notice issued under section 269ZG(3) of the Act.
The Act also outlines the consequences for any breaches related to the implementation of the anti-dumping measures. While the specific offences, penalties, or civil/criminal consequences are not detailed within the text of this notice, it is understood that non-compliance with anti-dumping measures can lead to significant penalties under Australian law. Typically, breaches of anti-dumping regulations can result in financial penalties, which may include fines and the imposition of duties on imported goods. In more severe cases, there could be criminal charges against individuals or corporations that deliberately violate these provisions, leading to imprisonment and additional fines. The precise penalties would be determined by the specific nature of the breach and the applicable sections of the Customs Act 1901 and associated regulations.