Interim dumping duty - Hot rolled plate steel exported from the People’s Republic of China, the Republic of Indonesia, Japan and the Republic of Korea

Overview

The Customs Tariff (Anti Dumping) Act 1975 was enacted to address the problem of dumping, which occurs when foreign producers sell goods in Australia at prices lower than those in their domestic market or below their production cost, causing harm to domestic industries. This Act aims to protect Australian businesses and workers from the unfair practices of dumping by enabling the imposition of anti-dumping duties on imported goods that are sold at unfairly low prices. The policy objective of the Act is to ensure fair competition in the Australian market and to prevent or remedy injury to domestic industries caused by dumped imports. The Customs Tariff (Anti Dumping) Act 1975 was enacted by the Parliament of Australia, and this specific notice was issued by Ian Macfarlane, the Minister for Industry, pursuant to the authority granted under the Customs Act 1901 and the Customs Tariff (Anti-Dumping) Act 1975. This notice imposes interim dumping duties on hot rolled plate steel exported from China, Indonesia, Japan, and South Korea to ensure that the sum of the export price, interim dumping duty, and interim countervailing duty does not exceed the non-injurious price of the goods.

Scope and Application

The Customs Tariff (Anti-Dumping) Act 1975 applies to hot rolled plate steel exported from the People's Republic of China, the Republic of Indonesia, Japan, and the Republic of Korea. The Act targets specific goods, namely hot rolled plate steel, and the application of the Act is triggered by the entry of these goods for home consumption in Australia. The Act applies to the goods and like goods from the specified countries that are entered for home consumption on and after 19 July 2013. The determination of the interim dumping duty, as specified in the notice, is designed to ensure that the total of the export price, the interim dumping duty, and the interim countervailing duty does not exceed the non-injurious price of the goods. The jurisdictional reach of this Act is at the Commonwealth level, and it extends to the regulation of imports through the Customs Act 1901. The Act does not specify exclusions or exemptions in the notice itself, but the method of applying the interim dumping duty is prescribed by the Customs Tariff (Anti-Dumping) Regulation 2013.

Key Provisions

The Customs Tariff (Anti-Dumping) Act 1975 and associated notices outline the imposition of an interim dumping duty on hot rolled plate steel exported from specified countries. Under subsection 8(5) of the Dumping Duty Act, the notice specifies that the interim dumping duty on hot rolled plate steel exported from the People’s Republic of China, the Republic of Indonesia, Japan, and the Republic of Korea is calculated using a combination of fixed and variable duty methods. This method is detailed in sub-regulations 5(2) and 5(3) of the Customs Tariff (Anti-Dumping) Regulation 2013. Additionally, subsection 8(5BA) ensures that the sum of the export price, the interim dumping duty, and any interim countervailing duty does not exceed the non-injurious price of the goods, as ascertained by the Minister. The Act imposes several obligations on the parties involved. Importers and exporters of hot rolled plate steel must comply with the notice and ensure that the appropriate interim dumping duty is paid on goods imported from the specified countries after 19 July 2013. This requirement is integral to the Act's aim of preventing the dumping of goods at prices that could harm domestic industries. Importers must be diligent in determining the applicable duty rates and ensuring that the necessary duties are paid to avoid potential penalties. Failure to comply with the provisions of the Customs Tariff (Anti-Dumping) Act 1975 and the notice can result in significant consequences. Under the Customs Act, penalties for non-compliance can include fines and, in severe cases, criminal prosecution. The maximum penalties for breaches can be substantial, reflecting the importance of adhering to the anti-dumping measures. The precise penalties depend on the nature and severity of the breach but can encompass both civil and criminal liabilities, underscoring the seriousness of non-compliance with anti-dumping duties.