Notice of Ministerial Exemption Instrument No. 1 of 2013 - Goods Exempt from Dumping Duty

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COMMONWEALTH OF AUSTRALIA

Ministerial Exemption Instrument No. 1 of 2013

Customs Tariff (Anti-Dumping) Act 1975

 

 

I, MARK DREYFUS, Attorney-General, under subsection 8(7) of the Customs Tariff (Anti-Dumping) Act 1975, hereby exempt the goods described in Attachment 1 (the Goods) from:

  • interim dumping duty; and
  • dumping duty,

as I am satisfied that a Tariff Concession Order under Part XVA of the Customs Act 1901 in respect of the good is in force.

This instrument commences on the 6th day of February 2013.

Dated this 25th  day of July  2013.

 

 

 

MARK DREYFUS

Attorney-General

 

 

 

 

 


Attachment 1

CURRENT Tariff Concession Orders (TCO) for tariff classification 7210.49.00

 

All goods meeting at least one of the descriptions detailed below for the current TCOs are eligible for an exemption from dumping duties under Ministerial Exemption Instrument No. 1 of 2013.

 

TC 1242989

 

COILS, non-alloy steel, hot rolled, zinc coated, complying with

American Society for Testing and Materials Standard ASTM A 653/A

653M - 05a, having ALL of the following:

(a) coil thickness NOT less than 3.5 mm and NOT greater than

    6.0 mm;

(b) coil width NOT less than 784 mm and NOT greater than

    1 263 mm;

(c) minimum yield strength NOT less than 330 Mpa;

(d) minimum tensile strength NOT less than 430 Mpa;

(e) coil inside diameter NOT less than 711 mm and NOT

    greater than 813 mm;

(f) zinc coating mass NOT less than 0.080 kg/m2 per side;

(g) each coil weighing NOT less than 14 metric tonnes;

(h) chemical composition by weight of ALL of the following:

(i) carbon content NOT greater than 0.20%;

(ii) manganese content NOT less than 0.30% and NOT

     greater than 0.90%;

(iii) phosphorus content NOT greater than 0.03%;

(iv) sulphur content NOT greater than 0.03%;

(v) chromium content less than 0.30%;

(vi) molybdenum content less than 0.08%;

(vii) aluminium content NOT greater than 0.10%;

(viii) copper content NOT greater than 0.25%;

(ix) nickel content NOT greater than 0.25%;

(x) titanium content NOT greater than 0.04%;

(xi) vanadium content less than 0.10%;

(xii) silicon content NOT greater than 0.45%

 

Stated Use:

As raw material for the manufacture of Electric Resistance

Welded (ERW) steel pipes and tubes

 

TC 1317796

 

COILS, non-alloy steel, hot rolled, zinc coated, complying with

American Society for Testing and Materials Standard ASTM A 653/A 653M - 05a, having ALL of the following:

(a) coil thickness NOT less than 1.48 mm and NOT greater than 6.0 mm;

(b) coil width NOT less than 784 mm and NOT greater than 1 263 mm;

(c) minimum yield strength NOT less than 360 Mpa;

(d) minimum tensile strength NOT less than 460 Mpa;

(e) coil inside diameter NOT less than 711 mm and NOT greater than 813 mm;

(f) zinc coating mass NOT less than 0.080 kg/m2 per side;

(g) each coil weighing NOT less than 14 metric tonnes;

(h) chemical composition by weight of ALL of the following:

(i) carbon content NOT greater than 0.20%;

(ii) manganese content NOT less than 0.50% and NOT greater than 1.00%;

(iii) phosphorus content NOT greater than 0.03%; (iv) sulphur content NOT greater than 0.03%;

(v) chromium content less than 0.30%;

(vi) molybdenum content less than 0.08%;

(vii) aluminium content NOT greater than 0.10%; (viii) copper content NOT greater than 0.25%;

(ix) nickel content NOT greater than 0.25%; (x) titanium content NOT greater than 0.04%;

(xi) vanadium content less than 0.1%;

(xii) silicon content NOT greater than 0.45%,

 

TC 0939596

 

STEEL, COIL, hot dip zinc coated, complying with Japanese

Industrial Standard JIS G 3302:2007, having ALL of the following:

(a) yield strength NOT less than 275 N/mm2 and NOT greater

    than 380 N/mm2;

(b) tensile strength NOT less than 440 N/mm2;

(c) elongation NOT less than 29% and NOT greater than 41%;

(d) coating mass NOT less than 45 g/m2 and NOT greater than

    65 g/m2;

(e) thickness NOT less than 1.14 mm and NOT greater than 1.26mm;

(f) width NOT less than 1 590 mm and NOT greater than 1 605 mm

 

Stated Use:

For the manufacture of motor vehicles

 

TC 1248929

 

STEEL, flat rolled, non-alloy steel, hot dipped galvannealed

zinc coated, in coils, having ALL of the following:

(a) yield strength NOT greater than 210 MPa;

(b) tensile strength NOT less than 270 MPa;

(c) total elongation NOT less than 40%;

(d) total coating mass NOT less than 30 g/m2 and NOT greater

    than 70 g/m2 on each side;

(e) in ANY of the following sizes:

(i) thickness 0.75 mm and width 1 390 mm;

(ii) thickness 0.75 mm and width 1 450 mm;

(iii) thickness 0.75 mm and width 1 475 mm;

(iv) thickness 0.75 mm and width 1 530 mm;

(v) thickness 0.75 mm and width 1 565 mm;

(vi) thickness 0.75 mm and width 1 640 mm;

(vii) thickness 0.76 mm and width 1 220 mm;

(viii) thickness 0.80 mm and width 1 350 mm;

(ix) thickness 0.95 mm and width 820 mm;

(x) thickness 1.00 mm and width 624 mm

 

For the purposes of this Order, tolerances allowable for

specification (e) are:

(a) thickness +/- 10%

(b) width +/- 1%

 

TC 1248930

 

STEEL, flat rolled, non-alloy steel, hot dipped galvannealed

zinc coated, in coils, having ALL of the following:

(a) yield strength NOT less than 190 MPa;

(b) tensile strength NOT less than 340 MPa;

(c) total elongation NOT less than 32%;

(d) total coating mass NOT less than 30 g/m2 and NOT greater

    than 70 g/m2 on each side;

(e) in ANY of the following sizes:

(i) thickness 0.70 mm and width 865 mm;

(ii) thickness 0.70 mm and width 980 mm;

(iii) thickness 0.70 mm and width 1 225 mm;

(iv) thickness 0.70 mm and width 1 244 mm;

(v) thickness 0.70 mm and width 1 300 mm;

(vi) thickness 0.70 mm and width 1 350 mm;

(vii) thickness 0.70 mm and width 1 370 mm;

(viii) thickness 0.70 mm and width 1 400 mm;

(ix) thickness 0.70 mm and width 1 410 mm;

(x) thickness 0.70 mm and width 1 455 mm;

(xi) thickness 0.70 mm and width 1 500 mm;

(xii) thickness 0.70 mm and width 1 585 mm;

(xiii) thickness 0.70 mm and width 1 710 mm;

(xiv) thickness 0.70 mm and width 1 720 mm;

(xv) thickness 0.65 mm and width 865 mm;

(xvi) thickness 0.65 mm and width 1 800 mm;

(xvii) thickness 1.00 mm and width 1 160 mm

 

For the purposes of this Order, tolerances allowable for

specification (e) are:

(a) thickness +/- 10%

(b) width +/- 1%

 

TC 1349350

 

STEEL, flat rolled, non-alloy steel, hot dipped galvannealed

zinc coated, in coils, having ALL of the following:

(a) yield strength NOT less than 165 MPa and NOT

    greater than 325 MPa;

(b) tensile strength NOT less than 270 MPa;

(c) total elongation NOT less than 35% and NOT

    greater than 50%;

(d) total coating mass NOT less than 45 g/m2 and NOT

    greater than 65 g/m2 on each side;

(e) thickness 2.00 mm and width 1 070 mm

 

For the purposes of this Order, tolerances allowable for

specification (e) are:

(a) thickness +/- 10%

(b) width +/- 1%

 

TC 1349351

 

STEEL, flat rolled, non-alloy steel, hot dipped galvannealed

zinc coated, in coils, having ALL of the following:

(a) yield strength NOT less than 115 MPa and NOT greater than

    305 MPa;

(b) tensile strength NOT less than 270 MPa;

(c) total elongation NOT less than 37% and NOT greater

    than 57%;

(d) total coating mass NOT less than 35 g/m2 and NOT greater

    than 65 g/m2 on each side;

(e) in ANY of the following sizes:

(i) thickness 0.65 mm and width 870 mm;

(ii) thickness 0.65 mm and width 930 mm;

(iii) thickness 0.65 mm and width 1 150 mm;

(iv) thickness 0.65 mm and width 1 640 mm;

(v) thickness 0.65 mm and width 1 645 mm;

(vi) thickness 0.65 mm and width 1 680 mm;

(vii) thickness 0.65 mm and width 1 710 mm;

(viii) thickness 0.70 mm and width 925 mm;

(ix) thickness 0.70 mm and width 930 mm;

(x) thickness 0.70 mm and width 1 000 mm;

(xi) thickness 0.70 mm and width 1 005 mm;

(xii) thickness 0.70 mm and width 1 010 mm;

(xiii) thickness 0.70 mm and width 1 045 mm;

(xiv) thickness 0.70 mm and width 1 455 mm;

(xv) thickness 0.70 mm and width 1 485 mm;

(xvi) thickness 0.70 mm and width 1 550 mm;

(xvii) thickness 0.75 mm and width 1 135 mm;

(xviii) thickness 0.75 mm and width 1 140 mm;

(xix) thickness 0.75 mm and width 1 625 mm;

(xx) thickness 0.75 mm and width 1 670 mm;

(xxi) thickness 0.80 mm and width 1 060 mm;

(xxii) thickness 0.80 mm and width 1 150 mm;

(xxiii) thickness 0.80 mm and width 1 200 mm;

(xxiv) thickness 1.00 mm and width 1 610 mm;

(xxv) thickness 1.20 mm and width 1 595 mm;

(xxvi) thickness 2.30 mm and width 985 mm

 

For the purposes of this Order, tolerances allowable for

specification (e) are:

(a) thickness +/- 10%

(b) width +/- 1

 

TC 1349352

 

STEEL, flat rolled, non-alloy steel, hot dipped galvannealed

zinc coated, in coils, having ALL of the following:

(a) yield strength NOT less than 155 MPa and NOT

    greater than 295 MPa;

(b) tensile strength NOT less than 340 MPa;

(c) total elongation NOT less than 34%;

(d) total coating mass NOT less than 35 g/m2 and NOT

    greater than 65 g/m2 on each side;

(e) in ANY of the following sizes:

(i) thickness 0.70 mm and width 830 mm;

(ii) thickness 0.70 mm and width 855 mm;

(iii) thickness 0.75 mm and width 840 mm;

(iv) thickness 0.75 mm and width 855 mm;

(v) thickness 0.75 mm and width 1 630 mm;

(vi) thickness 0.75 mm and width 1 645 mm;

(vii) thickness 0.75 mm and width 1 683 mm;

(viii) thickness 0.75 mm and width 1 700 mm;

(ix) thickness 1.20 mm and width 1 170 mm;

(x) thickness 1.20 mm and width 1 175 mm;

(xi) thickness 1.20 mm and width 1 198 mm;

(xii) thickness 1.60 mm and width 1 160 mm

 

For the purposes of this Order, tolerances allowable for

specification (e) are:

(a) thickness +/- 10%

(b) width +/- 1%

 

TC 1349354

 

STEEL, flat rolled, non-alloy steel, hot dipped galvannealed

zinc coated, in coils, having ALL of the following:

(a) yield strength NOT less than 235 MPa and NOT greater than

400 MPa;

(b) tensile strength NOT less than 390 MPa;

(c) total elongation NOT less than 28%;

(d) total coating mass NOT less than 35 g/m2 and NOT greater

    than 65 g/m2 on each side;

(e) in ANY of the following sizes:

(i) thickness 2.00 mm and width 975 mm;

(ii) thickness 2.30 mm and width 948 mm;

(iii) thickness 2.30 mm and width 1 030 mm;

(iv) thickness 2.30 mm and width 1 190 mm;

(v) thickness 2.60 mm and width 1 230 mm

 

For the purposes of this Order, tolerances allowable for

specification (e) are:

(a) thickness +/- 10%

(b) width +/- 1%

 

 

Overview

The Customs Tariff (Anti-Dumping) Act 1975 was enacted to address the problem of dumping, which refers to the practice of selling goods in Australia at prices lower than in the country of origin, causing harm to domestic industries. This legislation empowers the Australian government to impose anti-dumping duties on imported goods that are sold below fair value. The Act was enacted by the Commonwealth Parliament, with the primary policy objective of protecting Australian businesses and workers from unfair trading practices and ensuring a level playing field in the domestic market. Under the authority of this Act, the Attorney-General can issue Ministerial Exemption Instruments to exempt certain goods from anti-dumping duties when specific conditions are met, such as the existence of a Tariff Concession Order under the Customs Act 1901. These exemptions aim to facilitate legitimate trade while safeguarding domestic industries from potentially injurious imports.

Scope and Application

The Customs Tariff (Anti-Dumping) Act 1975 applies to goods imported into Australia, specifically targeting those that are subject to interim dumping duty or dumping duty as a protective measure against dumping. The Act aims to ensure fair trade practices by imposing additional duties on goods that are sold in Australia at prices lower than their fair market value. This Act applies to any entity or person importing goods that meet the criteria of being sold at dumped prices. The Minister for Trade, through Ministerial Exemption Instruments such as Ministerial Exemption Instrument No. 1 of 2013, has the authority to exempt certain goods from these duties if they are covered by a Tariff Concession Order under the Customs Act 1901. This particular exemption applies to specific types of steel products, as outlined in Attachment 1 of the instrument, provided they comply with detailed technical specifications and standards such as ASTM A 653/A653M-05a or JIS G 3302:2007. The exemptions are effective from the commencement date of the instrument, which is 6 February 2013.

Key Provisions

Ministerial Exemption Instrument No. 1 of 2013, under the Customs Tariff (Anti-Dumping) Act 1975, exempts certain goods from interim dumping duty and dumping duty, provided that a Tariff Concession Order (TCO) under Part XVA of the Customs Act 1901 is in force. Specifically, Attachment 1 lists the goods eligible for exemption, which must meet detailed specifications in terms of thickness, width, strength, and chemical composition, among other criteria. The exemption applies to steel coils and sheets intended for various uses, such as manufacturing ERW steel pipes and motor vehicles. The Act imposes obligations on the parties involved, requiring them to ensure that the goods meet the specified criteria to qualify for the exemption. This includes adhering to standards set by the American Society for Testing and Materials (ASTM) and the Japanese Industrial Standard (JIS). For instance, steel coils must comply with ASTM A 653/A 653M - 05a, and steel sheets must meet JIS G 3302:2007. Additionally, the goods must have a specific chemical composition and be of certain dimensions. Failure to meet these criteria disqualifies the goods from the exemption. There are no specific offences, penalties, or consequences mentioned in the text for non-compliance with the exemption requirements. However, it is implied that failure to meet the criteria for the exemption could result in the goods being subject to dumping duties. While the text does not detail penalties for breaches, it is likely that non-compliance with Australian customs laws, including the Customs Tariff (Anti-Dumping) Act 1975, could result in fines and other legal consequences as prescribed by the relevant legislation.

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