Findings in relation to an Investigation into Dumping - Hot Rolled Coil Steel (HRC) Exported from Japan, the Republic of Korea, Malaysia and Taiwan

Administered by Attorney-General's Department

Legislation au C2012G00464 In force Gazette

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Customs Act 1901 - Part XVB

 

Hot Rolled Coil Steel (HRC)

 

Exported from

Japan, the Republic of Korea, Malaysia and Taiwan

 

Findings in relation to an investigation into dumping

Notice pursuant to subsections 269TG(1) and 269TG(2) of the Customs Act 1901

The Australian Customs and Border Protection Service (Customs and Border Protection) has completed its investigation into the dumping of hot rolled coil steel (the goods), classified under sub-heading 7208.25.00 (statistical code 32), 7208.26.00 (statistical code 33), 7208.27.00 (statistical code 34), 7208.36.00 (statistical code 35), 7208.37.00 (statistical code 36), 7208.38.00 (statistical code 37), 7208.39.00 (statistical code 38), 7208.53.00 (statistical code 42), 7208.54.00 (statistical code 43), 7208.90.00 (statistical code 30), 7211.14.00 (statistical code 40) and 7211.19.00 (statistical code 41), in Schedule 3 to the Customs Tariff Act 1995, exported to Australia from Japan, the Republic of Korea (Korea), Malaysia and Taiwan.

In International Trade Remedies Report No. 188 (REP 188) Customs and Border Protection recommended the publication of a dumping duty notice in respect of the goods. REP 188 outlines the investigations carried out by Customs and Border Protection, a statement of the reasons for the recommendations contained in REP 188, material findings of fact or law on which Customs and Border Protection’s recommendations were based and particulars of the evidence relied on to support the findings.

Particulars of the dumping margin established for the exporters and an explanation of the methods used to compare export prices and normal values to establish the dumping margin are set out in the following table:

Country

Exporter

Dumping Margin

Method to establish dumping margin

Japan

All exporters

7.5%

Weighted average export prices were compared with weighted average corresponding normal values over the investigation period in terms of ss 269TACB(2)(a) of the Customs Act 1901

Korea

POSCO

6.0%

Weighted average export prices were compared with weighted average corresponding normal values over the investigation period in terms of ss 269TACB(2)(a) of the Customs Act 1901

Hyundai Co., Ltd

2.6%

All other exporters

11.8%

Malaysia

Megasteel Sdn. Bhd.

15.4%

Weighted average export prices were compared with weighted average corresponding normal values over the investigation period in terms of ss 269TACB(2)(a) of the Customs Act 1901

All other exporters

15.4%

Taiwan

China Steel Corporation

2.6%

Weighted average export prices were compared with weighted average corresponding normal values over the investigation period in terms of ss 269TACB(2)(a) of the Customs Act 1901

Chung Hung Steel Corporation

6.5%

Shang Chen Steel Co, Ltd

4.1%

All other exporters

8.2%

REP 188 should be read in conjunction with this notice and is available from the International Trade Remedies Branch, Canberra on telephone (02) 6245 5453. Reports are also available on the Customs and Border Protection internet site at www.customs.gov.au.

I, JASON CLARE, Minister for Home Affairs, have considered, and accepted, the recommendations of Customs and Border Protection, the reasons for the recommendations, the material findings of fact on which the recommendations are based and the evidence relied on to support those findings in REP 188.  

I am satisfied, as to the goods that have been exported to Australia, that the amount of the export price of the goods is less than the normal value of those goods and because of that, material injury to the Australian industry producing like goods might have been caused if the security had not been taken. Therefore under ss 269TG(1) of the Customs Act 1901 (the Act), I DECLARE that section 8 of the Customs Tariff (Anti-Dumping) Act 1975 (the Dumping Duty Act) applies to:

  • the goods; and
  • like goods that were exported to Australia after 5 October 2012, the date on which the Chief Executive Officer made a preliminary affirmative determination under ss 269TD(4)(a) of the Act that there appeared to be sufficient grounds for the publication of a dumping duty notice but before publication of this notice.

I am also satisfied that the amount of the export price of like goods that have already been exported to Australia is less than the amount of the normal value of those goods, and the amount of the export price of like goods that may be exported to Australia in the future may be less than the normal value of the goods and because of that, material injury to the Australian industry producing like goods has been caused.  Therefore under ss 269TG(2) of the Act, I DECLARE that section 8 of the Dumping Duty Act applies to like goods that are exported to Australia after the date of publication of this notice.

This declaration applies in relation to all exporters of the goods and like goods from Japan, Korea, Malaysia and Taiwan to Australia.

The considerations relevant to my determination of material injury to the Australian industry caused by dumping are the size of the dumping margins, the effect of dumped imports on prices in the Australian market in the form of price depression, price suppression and the consequent impact on the Australian industry including loss of profits and reduced profitability. In making my determination, I have considered whether any injury to the Australian industry is being caused or threatened by a factor other than the exportation of dumped goods, and have not attributed injury caused by other factors to the exportation of those dumped goods.

Particulars of the export prices, non-injurious prices, and normal values of the goods as ascertained will not be published in this notice as they may reveal confidential information.

Interested parties may seek a review of this decision by lodging an application with the Trade Measures Review Officer (TMRO), in accordance with the requirements in Division 9 of Part XVB of the Act, within 30 days of the publication of this notice.

The TMRO can be contacted by phone, fax or mail:

 Trade Measures Review Officer

 c/- Australian Government Solicitor

 Level 42 MLC Centre

 19 Martin Place

 Sydney NSW 2000

 Phone: (02) 9581 7640

 Fax: (02) 9581 7732

Enquiries concerning this notice may be directed to the case manager on telephone number (02) 6245 5453, fax number (02) 6275 6990 or email to itrops1@customs.gov.au.

Dated this 4th day of December 2012

 

 

 

 

 

JASON CLARE

Minister for Home Affairs

Overview

The Customs Act 1901, enacted by the Australian Parliament, addresses the issue of unfair trade practices such as dumping of imported goods, which can harm domestic industries. In particular, Part XVB of the Act deals with anti-dumping measures, including the imposition of duties to counteract the injurious effects of dumped imports. The problem this legislation aims to address is the potential for foreign exporters to sell goods at unfairly low prices, undermining the competitiveness of Australian manufacturers. The policy objective is to ensure fair trade practices and protect domestic industries from the adverse effects of dumped imports. The Australian Customs and Border Protection Service conducts investigations into such practices and, if dumping is found, the Minister for Home Affairs may declare that a dumping duty applies to the affected goods. In response to an investigation into the dumping of hot rolled coil steel from Japan, the Republic of Korea, Malaysia, and Taiwan, the Minister for Home Affairs, Jason Clare, declared that a dumping duty would apply to these goods. The declaration was based on findings that the export prices of the goods were less than their normal values, potentially causing material injury to the Australian industry. The dumping duty is intended to neutralise the injurious effect of the dumped imports, thereby protecting the domestic industry. Interested parties have the right to seek a review of the decision within 30 days of the notice's publication.

Scope and Application

The Customs Act 1901, specifically Part XVB, addresses the issue of dumping of hot rolled coil steel exported from Japan, the Republic of Korea (Korea), Malaysia, and Taiwan to Australia. This legislation applies to the goods classified under specific sub-headings and statistical codes in the Customs Tariff Act 1995, which have been subject to an investigation by the Australian Customs and Border Protection Service. The Act imposes a dumping duty on these goods to counter the material injury caused to the Australian industry producing like goods due to the lower export prices compared to their normal values. This declaration applies to all exporters from the four specified countries to Australia, encompassing both past and future exports. The Minister for Home Affairs has accepted the findings and recommendations of the investigation, leading to the declaration under sections 269TG(1) and 269TG(2) of the Customs Act 1901. The declaration specifies that the dumping duty applies to the goods and like goods exported to Australia after a preliminary determination was made on 5 October 2012, as well as to like goods exported after the publication of this notice. Interested parties have the right to seek a review of this decision within 30 days of the notice's publication by applying to the Trade Measures Review Officer.

Key Provisions

The key provisions of this notice declare that the Customs Tariff (Anti-Dumping) Act 1975 applies to hot rolled coil steel exported to Australia from Japan, the Republic of Korea, Malaysia and Taiwan, as per sections 269TG(1) and 269TG(2) of the Customs Act 1901. This means that a dumping duty will be imposed on these goods to counteract the dumping of these products in Australia. The application of the Dumping Duty Act, as declared, affects goods that have been exported before the publication of this notice, as well as like goods that may be exported after the notice has been published. The notice provides specific dumping margins for different exporters, established by comparing weighted average export prices with corresponding normal values over the investigation period. The obligations imposed by this Act primarily revolve around the imposition of anti-dumping duties on the specified steel products. Exporters of these goods to Australia must comply with the new duty requirements, which will effectively increase the cost of these imports. The notice also requires interested parties to seek a review of the decision if they believe it is unjust, within 30 days of the publication of this notice. The Trade Measures Review Officer (TMRO) is the designated authority to handle such reviews, and interested parties must follow the specified procedures to lodge their applications. Breaching the requirements of this notice can result in significant consequences. While the notice does not explicitly state the penalties for non-compliance, under the Customs Act 1901, non-compliance with anti-dumping duties can lead to criminal penalties, including fines and imprisonment. Furthermore, businesses that do not comply with these regulations may face civil actions for damages caused to the domestic industry. The severity of the penalties reflects the importance of adhering to these trade measures to protect Australian industries from the adverse effects of dumped imports.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.