Interim dumping duty - Zinc coated (galvanised) steel exported to Australia from The People’s Republic of China, The Republic of Korea, and Taiwan

Overview

The Customs Tariff (Anti-Dumping) Act 1975, enacted by the Commonwealth Parliament, addresses the problem of unfair trade practices, specifically anti-dumping, by imposing duties on imported goods sold at prices lower than their fair value. The Act aims to protect domestic industries from the adverse effects of dumped imports, thereby maintaining fair competition within the Australian market. The policy objective of this legislation is to ensure that imported goods do not undermine the price level of like domestic products, thus protecting jobs and preserving the economic interests of Australian businesses. The 2013 notice issued under the Act by the Attorney-General, Mark Dreyfus, specifies an interim dumping duty for zinc coated (galvanised) steel exported to Australia from China, South Korea, and Taiwan, ensuring the duty does not exceed the non-injurious price of such goods. This measure is designed to safeguard Australian industries from potential harm caused by dumped imports.

Scope and Application

The Customs Tariff (Anti-Dumping) Act 1975 applies to zinc-coated (galvanised) steel imported into Australia from specified countries, namely The People's Republic of China, The Republic of Korea, and Taiwan. This Act is aimed at preventing the dumping of goods at unfairly low prices, which could harm Australian industry. The application of the Act extends to any entity or person importing these goods into Australia for home consumption, ensuring that such imports are subject to an interim dumping duty determined by a combination of fixed and variable duty methods. The notice issued by the Attorney-General, Mark Dreyfus, specifically directs that the interim dumping duty should be calculated to ensure that the total cost, including export price and interim duties, does not exceed the non-injurious price of the goods. This notice is effective from 6 February 2013, and the application of the Act is administered under the Customs Act 1901, with any subordinate instruments extending or restricting its application.

Key Provisions

The Customs Tariff (Anti-Dumping) Act 1975, as referenced in the gazetted notice issued by the Attorney-General, Mark Dreyfus, introduces specific measures regarding zinc coated (galvanised) steel imported into Australia from China, Korea, and Taiwan. Section 8(5) of the Act mandates that the interim dumping duty for these goods is to be determined using a combination of fixed and variable duty methods as outlined in subregulations 5(2) and 5(3) of the Customs Tariff (Anti-Dumping) Regulation 2013. This approach ensures that the duty levied is appropriate to the circumstances of the import. The Act imposes a requirement on importers of these goods to adhere to the specified duty rates. This includes ensuring that the combination of the export price, the interim dumping duty, and the interim countervailing duty does not exceed the non-injurious price of the goods as determined by the authorities. This is an important obligation to prevent unfair pricing practices that could harm domestic industries. Failure to comply with the provisions of the Act may result in legal consequences. The Act does not explicitly state the penalties for non-compliance, but breaches of customs regulations typically carry significant civil and criminal penalties, including fines and potential imprisonment. The exact penalties would depend on the specifics of the Customs Act 1901 and any related regulations, but they are intended to deter non-compliance and ensure adherence to the set duty rates. The notice applies to all zinc coated steel imported from the specified countries on and after 6 February 2013. It ensures that the duty is applied consistently and fairly to protect Australian industries from the adverse effects of dumping. Importers must be aware of these obligations to avoid potential legal repercussions.