Customs Act 1901 – Part XVB
Zinc coated (galvanised) steel
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 13 October 2014, of the anti-dumping measures applying to zinc coated (galvanised) steel exported to Australia from the People’s Republic of China by Jiangyin Zongcheng Steel 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. 274 (REP 274).
I, IAN MACFARLANE, the Minister for Industry and Science, have considered REP 274 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 274.
Under subsection 269ZG(3)(b)(i) of the Customs Act 1901 (the Act), I declare that, with effect from 13 October 2014, the Act and the Customs Tariff (Anti-Dumping) Act 1975 (the Dumping Duty Act) have effect as if the original countervailing duty notice had not applied to the applicant.
I further declare under subsection 269ZG(3)(b)(ii) of the Act, with effect from 13 October 2014, the Act and the Dumping Duty Act have effect as if the original dumping 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.
REP 274 will be placed on the public record available at www.adcommission.gov.au. Alternatively, the public record may 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 +61 3 9244 8717, fax number 1300 882 506 or + 61 3 9244 8902 (outside Australia) or email at Operations4@adcommission.gov.au.
Dated this 29th day of January 2015
IAN MACFARLANE
Minister for Industry and Science
Overview
The Customs Act 1901, an integral part of Australia’s legislative framework governing customs and trade, underwent an accelerated review to address concerns about the anti-dumping measures applied to zinc coated (galvanised) steel imported from the People’s Republic of China. Initiated by the Anti-Dumping Commission and overseen by the Minister for Industry and Science, Ian Macfarlane, this review sought to ensure that the measures applied were fair and based on thorough findings of fact and law. The culmination of this review resulted in the acceptance of the Anti-Dumping Commission Report No. 274, which outlines the revised dumping duty and variable factors applicable to Jiangyin Zongcheng Steel Co., Ltd, and the consequential amendment to the original countervailing duty notice. This legislative adjustment aims to uphold the integrity and competitiveness of Australian industries while maintaining fair trade practices.
Scope and Application
The Customs Act 1901, specifically under Part XVBZinc coated (galvanised) steel exported from the People’s Republic of China, pertains to the regulation of anti-dumping measures on zinc-coated steel imported into Australia. This legislation applies to entities such as Jiangyin Zongcheng Steel Co., Ltd, which exports zinc-coated steel from China, and the Australian Customs Service, which administers the anti-dumping duties. The Act's jurisdictional reach is national, as it is a Commonwealth Act. The Minister for Industry and Science, Ian Macfarlane, has determined the specific dumping duty applicable to the aforementioned entity, with these measures coming into effect from 13 October 2014. The Act has been modified to reflect the findings of the Anti-Dumping Commission, as detailed in Report No. 274, and it supersedes previous countervailing and dumping duty notices. The public can access the report through the Anti-Dumping Commission’s website or by contacting the case manager for further information.
Key Provisions
The primary operative sections of the Customs Act 1901 (the Act) in this context are subsections 269ZG(3)(b)(i) and 269ZG(3)(b)(ii). These subsections pertain to the Minister’s authority to accept the findings and recommendations of an accelerated review conducted by the Anti-Dumping Commission and to declare adjustments to the anti-dumping measures for zinc coated (galvanised) steel exported from the People’s Republic of China by Jiangyin Zongcheng Steel Co., Ltd. The Minister, in this case Ian Macfarlane, has accepted the recommendations from Anti-Dumping Commission Report No. 274 (REP 274), which includes the reasons and material findings of fact and law related to the review.
The Act imposes specific obligations on the Anti-Dumping Commission to conduct accelerated reviews of anti-dumping measures and to prepare comprehensive reports detailing their findings and recommendations. It also requires the Minister to consider these reports and make a decision based on the recommendations, which includes the authority to declare adjustments to the applicable anti-dumping measures. Furthermore, the Act mandates that the public record of the review, including the report, must be made available to the public and that any enquiries about the notice are to be directed to the designated case manager.
Under the Act, any breach of the anti-dumping measures could result in significant civil and criminal consequences. The maximum penalties for violations of the Customs Act and the Customs Tariff (Anti-Dumping) Act 1975 (the Dumping Duty Act) may include substantial fines and potential imprisonment. Specifically, for serious offences related to anti-dumping duties, the penalties can reach up to $220,000 or imprisonment for up to five years, or both, depending on the severity of the breach and the intent behind it. These penalties are intended to ensure compliance with the anti-dumping measures and to protect Australian industries from unfair trading practices.