Customs Act 1901 – Part XVB
Food service and industrial 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 food service and industrial pineapple (FSI pineapple) exported to Australia from the Kingdom of Thailand by Prime Products Industry Co., Ltd (Prime Products).
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. 295 (REP 295).
I, KAREN ANDREWS, the Parliamentary Secretary to the Minister for Industry and Science, have considered REP 295 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 295.
Under subparagraph 269ZG(3)(b)(ii) of the Customs Act 1901 (the Act), I declare that, with effect from 3 May 2015, the Act and the Customs Tariff (Anti-Dumping) Act 1975 (the Dumping Duty Act) have effect as if the original dumping duty notice had applied to Prime Products but the then Minister had fixed specified different variable factors relevant to the determination of duty payable by Prime Products.
The duty that has been determined is an amount worked out in accordance with the floor price duty method.
REP 295 has been placed on the public record, available at www.adcommission.gov.au. The public record may also be examined at the Anti-Dumping 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 (02) 6102 9939, fax number (03) 8539 2499 or +61 3 8539 2499 (outside Australia) or by 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, as part of its legislative framework, was enacted to regulate the importation and exportation of goods, including the imposition of duties and the protection against unfair trade practices such as dumping. The accelerated review of the anti-dumping measures concerning food service and industrial pineapple exported from the Kingdom of Thailand by Prime Products Industry Co., Ltd, was introduced to ensure that these products were not being sold in Australia at unfairly low prices, which could harm local producers. This review was conducted by the Anti-Dumping Commission under the authority of the Customs Act 1901, with the objective of safeguarding the Australian market from the adverse effects of dumped imports. The Parliamentary Secretary to the Minister for Industry and Science has accepted the findings and recommendations of the Anti-Dumping Commission Report No. 295, which led to adjustments in the applicable anti-dumping duties to more accurately reflect the fair market value of the imported pineapples.
Scope and Application
The Customs Act 1901, specifically Part XVB, applies to the importation of food service and industrial pineapple from the Kingdom of Thailand by Prime Products Industry Co., Ltd, imposing anti-dumping measures that were the subject of an accelerated review by the Anti-Dumping Commission. The legislation targets the entity Prime Products Industry Co., Ltd and the specific conduct of exporting food service and industrial pineapple into Australia, with the review focusing on the determination of dumping duties. The review and subsequent legislative action have a national jurisdictional reach, applying across Australia as a Commonwealth Act. The Anti-Dumping Commission's Report No. 295, which is now on the public record, outlines the material findings and reasons behind the decisions made. The Act’s application can be extended or modified through subordinate instruments, which may provide further details on the implementation of the determined duties. The review process and its findings are legally binding and enforceable under the authority of the Commissioner of the Anti-Dumping Commission and the Parliamentary Secretary to the Minister for Industry and Science.
Key Provisions
The Customs Act 1901, specifically under Part XVB, provides a framework for imposing anti-dumping measures on imported goods that are being sold at less than fair value, thereby harming domestic industries. Section 269ZG(3) of the Act allows for an accelerated review of such measures, which was initiated on 3 May 2015, concerning food service and industrial pineapple (FSI pineapple) exported from the Kingdom of Thailand by Prime Products Industry Co., Ltd. Following this review, Anti-Dumping Commission Report No. 295 (REP 295) was produced, detailing the recommendations, reasons, and material findings of fact and law. Parliamentary Secretary Karen Andrews has decided to accept the recommendations and findings of REP 295, which includes the imposition of specific variable factors for determining the dumping duty payable by Prime Products.
In accordance with the Act, the anti-dumping measures now apply to Prime Products as if the original dumping duty notice had been in effect from 3 May 2015. The dumping duty has been calculated using the floor price duty method. This means that the duty payable by Prime Products is determined based on a set minimum price for the pineapples, ensuring that the imported goods are not sold at a price that would undercut the domestic market. The decision to accept REP 295 and impose these measures signifies a commitment to protecting Australian industries from unfair trade practices.
The obligations imposed by this legislation on Prime Products include compliance with the new dumping duty rates set out in the Act. They must ensure that their export prices to Australia meet the adjusted tariff rates, thereby avoiding potential penalties for non-compliance. The obligation extends to providing accurate and complete information to the Anti-Dumping Commission regarding their export activities and pricing strategies. This ensures that the Commission can effectively monitor and enforce the anti-dumping measures.
There are potential consequences for breach of the anti-dumping measures outlined in the Customs Act 1901. Should Prime Products fail to comply with the imposed dumping duties, they could face financial penalties. The maximum penalties for breaches may include fines and additional duties payable on the imported goods. Such penalties serve as a deterrent against unfair pricing practices and ensure that imported goods are subject to fair market conditions. Additionally, ongoing non-compliance could result in further investigations and potential legal action against Prime Products, reinforcing the seriousness of adhering to the anti-dumping regulations.