Customs Tariff (Anti Dumping) Act 1975
Hot rolled plate steel
Exported from the People’s Republic of China, the Republic of Indonesia, Japan and the Republic of Korea
Notice pursuant to subsections 8(5) and 8(5BA) of the Customs Tariff (Anti-Dumping) Act 1975
I, IAN MACFARLANE, Minister for Industry, having decided to issue a notice pursuant to subsection 269TG(1) and subsection 269TG(2) of the Customs Act 1901 (the Customs Act) in respect of hot rolled plate steel described in that notice (the goods), DIRECT, pursuant to subsection 8(5) of the Customs Tariff (Anti-Dumping) Act 1975 (the Dumping Duty Act), that the amount of interim dumping duty payable on the goods is worked out in accordance with the combination of fixed and variable duty method specified in sub-regulations 5(2) and 5(3) of the Customs Tariff (Anti-Dumping) Regulation 2013.
Pursuant to subsection 8(5BA) of the Dumping Duty Act, I have had regard to the desirability of specifying a method such that the sum of:
(i) the export price of goods of that kind as so ascertained or last so ascertained; and
(ii) that amount of the interim dumping duty payable on the goods; and
(iii) the amount of interim countervailing duty payable under section 10 of the Dumping Duty Act on goods the subject of the notice under section 269TJ of the Customs Act;
does not exceed the non-injurious price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of those notices.
This notice applies to the goods and like goods entered for home consumption on and after 19 July 2013.
Dated this 3rd day of December 2013.
IAN MACFARLANE
Minister for Industry
Overview
The Customs Tariff (Anti Dumping) Act 1975 was enacted to address the issue of unfair trade practices where goods are imported into Australia at prices that are lower than the fair market value, known as dumping. This practice can harm domestic industries and lead to significant economic disruptions. The Act provides mechanisms for imposing duties to counteract the effects of dumped imports, ensuring a level playing field for Australian businesses. The Customs Tariff (Anti Dumping) Act 1975 was enacted by the Parliament of Australia to provide measures against the injurious effects of dumped imports. The policy objective of this Act is to protect Australian industries from the adverse effects of dumping by imposing appropriate duties on goods found to be dumped, thereby maintaining fair competition in the domestic market. In accordance with this Act, the Minister for Industry issued a notice on 3 December 2013, setting the interim dumping duty on hot rolled plate steel from specified countries to ensure that the total cost of imported goods does not undercut the non-injurious price, thereby safeguarding domestic producers from unfair competition.
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. This legislation targets specific goods imported into Australia, with a focus on preventing the injurious effects of dumping on domestic industries. The application of this Act is jurisdictional and applies under the authority of the Commonwealth. The interim dumping duty payable on these goods is determined in accordance with the fixed and variable duty method specified in the Customs Tariff (Anti-Dumping) Regulation 2013. This notice, which came into effect on 19 July 2013, ensures that the sum of the export price of the goods, the interim dumping duty, and the interim countervailing duty does not exceed the non-injurious price. Any goods of this kind entered for home consumption on and after the specified date are subject to this regulation.
Key Provisions
The Customs Tariff (Anti Dumping) Act 1975, specifically section 8(5), mandates that the amount of 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 determined by a combination of fixed and variable duty methods as outlined in sub-regulations 5(2) and 5(3) of the Customs Tariff (Anti-Dumping) Regulation 2013. This method is designed to ensure that the total of the export price, the interim dumping duty, and any interim countervailing duty does not surpass the non-injurious price of the goods. Section 8(5BA) further refines this approach by requiring that the Minister consider the non-injurious price when setting the interim dumping duty. The notice issued by the Minister for Industry, Ian Macfarlane, on 3 December 2013, applies to goods entered for home consumption on and after 19 July 2013.
Under the Act, the Minister for Industry is responsible for issuing notices that determine the interim dumping duty. This duty is designed to counteract the impact of dumping, which is the sale of goods in Australia at prices lower than those in the exporting country. The obligations under this Act include the assessment of export prices, the determination of the non-injurious price, and the calculation of the interim dumping duty to prevent injury to domestic industries. Importers and exporters must comply with these duties by providing accurate information and declarations necessary for the assessment of duties. The Minister must also ensure that the interim dumping duty is set in a way that protects the domestic industry without unduly burdening consumers.
Failure to comply with the provisions of the Customs Tariff (Anti Dumping) Act 1975 can result in various civil and criminal penalties. Importers who do not pay the interim dumping duty when required can face fines up to a significant amount as specified by the Act. Additionally, any person who provides false or misleading information in relation to the assessment of duties may face penalties, including fines and imprisonment. The precise penalties depend on the severity of the breach, but the Act provides a framework for enforcing compliance and protecting domestic industries from unfair trade practices.