Ministerial Exemption Instrument No. 2 of 2015

Overview

The Customs Tariff (Anti-Dumping) Act 1975 was enacted to address the issue of dumping of imported goods in Australia, which can harm domestic industries by allowing foreign companies to sell products at unfairly low prices. This Act provides the legal framework for imposing anti-dumping duties on imported goods that are found to be dumped. The Act was introduced by the Australian Parliament with the policy objective of protecting local businesses and ensuring fair competition in the market. In 2015, Ministerial Exemption Instrument No. 2 of 2015 was issued under the authority of the Customs Tariff (Anti-Dumping) Act 1975. This instrument was enacted by Karen Lesley Andrews, the Parliamentary Secretary to the Minister for Industry and Science, following recommendations from the Commissioner of the Anti-Dumping Commission. The instrument exempts certain hot rolled coil steel products exported to Australia from Japan, the Republic of Korea, Malaysia, and Taiwan from interim dumping duty and dumping duty, as a Tariff Concession Order under the Customs Act 1901 was found to be in effect for these goods. This exemption was put in place to ensure that the anti-dumping measures were aligned with current tariff classifications and international trade obligations.

Scope and Application

The Customs Tariff (Anti-Dumping) Act 1975 applies to imports subject to anti-dumping measures, and the authority to impose such measures is delegated to the Minister for Industry and Science. In this specific context, Ministerial Exemption Instrument No. 2 of 2015 pertains to hot rolled coil steel imported from Japan, the Republic of Korea, Malaysia, and Taiwan. The instrument exempts these goods from interim dumping duty and dumping duty, based on the satisfaction that a Tariff Concession Order under the Customs Act 1901 is in force for the specified goods. This exemption applies to the geographic regions listed and affects the steel industry involved in the export of hot rolled coil steel to Australia. The instrument is effective from July 18, 2014, and may be reviewed or revoked. The exemption is contingent upon the continued operation of the relevant Tariff Concession Order, and any changes or terminations of this order could affect the continued applicability of the exemption.

Key Provisions

The main operative sections of the Customs Tariff (Anti-Dumping) Act 1975, as applied in Ministerial Exemption Instrument No. 2 of 2015, focus on exempting certain imported goods from interim dumping duty and dumping duty. Specifically, section 8(7)(b) of the Act allows the Parliamentary Secretary to the Minister for Industry and Science to exempt goods from these duties if satisfied that a Tariff Concession Order (TCO) under Part XVA of the Customs Act 1901 is in effect for those goods (section 8(7)(b)). The exemption applies to hot rolled coil steel exported to Australia from Japan, the Republic of Korea, Malaysia, and Taiwan, as detailed in Attachment 1 of the instrument. The Act imposes several obligations on the parties involved. Firstly, the Parliamentary Secretary must review the recommendations of the Commissioner of the Anti-Dumping Commission and consider the material findings of fact and evidence supporting these recommendations, as outlined in the Anti-Dumping Commission Report EX0024. The Secretary must be satisfied that the relevant Tariff Concession Order is in force to proceed with the exemption. Secondly, the Commissioner of the Anti-Dumping Commission must conduct a thorough investigation and submit a report detailing the findings of fact and recommendations regarding the alleged dumping of the specified goods. The obligations also extend to ensuring that the Tariff Concession Order is properly in place and applicable to the goods in question. The legislation does not explicitly outline specific offences, penalties, or consequences for breach within the Ministerial Exemption Instrument No. 2 of 2015 itself. However, the failure to comply with the terms of the Tariff Concession Order or the procedures outlined in the Customs Tariff (Anti-Dumping) Act 1975 could potentially lead to legal challenges, administrative penalties, or other consequences under the broader customs and anti-dumping laws of Australia. Additionally, the instrument is subject to review and may be revoked if it is determined that the conditions for the exemption are no longer met or if there are changes in the circumstances warranting such a decision. The potential penalties or consequences for breaches of the underlying anti-dumping duties or customs laws could include fines and other administrative actions as prescribed by the respective Acts.