Customs Act 1901 – Part XVB
Consumer Pineapple
Exported from the Kingdom of Thailand
by Prime Products Industry Co., Ltd
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 an accelerated review, which commenced on 3 May 2015, of the anti-dumping measures applying to consumer pineapple exported to Australia from the Kingdom of Thailand by Prime Products Industry Co., 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. 296 (REP 296).
I, KAREN ANDREWS, the Parliamentary Secretary to the Minister for Industry and Science, have considered REP 296 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 296.
Under paragraph 269ZG(3)(a) of the Customs Act 1901 (the Act), I declare that, for the purposes of the Act and the Customs Tariff (Anti-Dumping) Act 1975, the original dumping duty notice is to remain unchanged.
REP 296 has been placed on the public record and is available on the Anti‑Dumping Commission’s website at www.adcommission.gov.au.
Enquiries about this notice may be directed to the case manager on telephone number (02) 6102 9939, fax number (03) 8539 2499 or +61 3 8539 2499 (outside Australia) or email at operations9@adcommission.gov.au.
Dated this 1st day of September 2015
KAREN ANDREWS
Parliamentary Secretary to the Minister for Industry and Science
Overview
The Customs Act 1901, enacted by the Australian Parliament, governs the administration of customs and border control in Australia. Part XVB of this Act pertains to anti-dumping measures, designed to address the problem of unfair trade practices where products are imported into Australia at prices lower than in the exporting country. The 2015 accelerated review under subsection 269ZG(3) of the Customs Act 1901, conducted by the Anti-Dumping Commission, aimed to assess the anti-dumping measures applied to consumer pineapples imported from the Kingdom of Thailand by Prime Products Industry Co., Ltd. The Parliamentary Secretary to the Minister for Industry and Science, Karen Andrews, accepted the Commission's recommendations and findings, maintaining the original dumping duty notice as per the Act and the Customs Tariff (Anti-Dumping) Act 1975. This decision ensures the continued protection of the domestic industry against the detrimental effects of dumped imports.
Scope and Application
The Customs Act 1901, particularly under Part XVB, pertains to the regulation of anti-dumping measures, and this is applied to consumer pineapple imported into Australia from the Kingdom of Thailand by entities such as Prime Products Industry Co., Ltd. The Act’s provisions govern the imposition of anti-dumping duties to prevent the injurious effects of dumped imports on Australian industries. The geographic scope of the Act is national, applying across all states and territories of Australia. The Act includes mechanisms for accelerated reviews of existing anti-dumping measures, as evidenced by the recent review concerning pineapple imports, and allows for the continuation or modification of these measures based on findings and recommendations from the Anti-Dumping Commission. The application of the Act is not limited by specific thresholds but is triggered by the determination of dumping and injury to the domestic industry. Additionally, subordinate instruments may extend or specify the application of the Act, but no such extensions or restrictions have been noted in this instance.
Key Provisions
The main sections relevant to the accelerated review of anti-dumping measures for consumer pineapples exported from Thailand to Australia by Prime Products Industry Co., Ltd. are contained within the Customs Act 1901, specifically Part XVB, and the Customs Tariff (Anti-Dumping) Act 1975. Section 269ZG(3) of the Customs Act 1901 requires the Anti-Dumping Commission to conduct a review and make recommendations based on the findings of fact and law. This review process involves assessing whether the consumer pineapples are being dumped (sold at less than fair value) and whether this dumping is causing material injury to Australian domestic producers.
The Anti-Dumping Commission has specific obligations to thoroughly investigate the claims and provide a comprehensive report detailing their findings and recommendations. This report must include material findings of fact and law, which are essential for the decision-making process by the Parliamentary Secretary to the Minister for Industry and Science. The Commission's review must be completed within a specified timeframe, and the findings must be communicated to the public through a notice under section 269ZG(3) of the Customs Act 1901.
The obligations imposed by the Customs Act 1901 on the parties involved include the duty of the Anti-Dumping Commission to conduct a fair and unbiased review. The exporters, in this case, Prime Products Industry Co., Ltd., must cooperate with the review process by providing all necessary information and documentation. The Parliamentary Secretary must consider the Anti-Dumping Commission's report and make a decision based on the recommendations and findings. Additionally, the public must be informed of the findings and the decision through the public notice process.
Failure to comply with the provisions of the Customs Act 1901 and the Customs Tariff (Anti-Dumping) Act 1975 can result in significant civil or criminal penalties. For example, if the Anti-Dumping Commission does not adhere to the required procedures or fails to conduct a thorough review, it may face legal challenges. Exporters who provide false or misleading information during the review process may also face penalties. The maximum penalties for breaches of these acts can include fines and, in some cases, imprisonment, depending on the severity and intent of the breach.