Notice of Ministerial Exemption Instrument No. 2 of 2013 - Goods Exempt from Countervailing Duty

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COMMONWEALTH OF AUSTRALIA

Ministerial Exemption Instrument No. 2 of 2013

Customs Tariff (Anti-Dumping) Act 1975

 

 

I, MARK DREYFUS, Attorney-General, under subsection 10(8) of the Customs Tariff (Anti-Dumping) Act 1975, hereby exempt the goods described in Attachment 1 (the Goods) from:

  • interim countervailing duty; and
  • countervailing 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 publication day of this notice.

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 unfair trade practices, particularly the dumping of goods at prices lower than their fair market value, which can harm domestic industries and consumers. The Act provides mechanisms for imposing countervailing and anti-dumping duties to counteract the adverse effects of such practices. The Customs Tariff (Anti-Dumping) Act 1975 is administered by the Australian Government, and its policy objective is to ensure fair trade by preventing or remedying the injury caused by dumped imports. The Ministerial Exemption Instrument No. 2 of 2013, issued under the authority of the Attorney-General, provides an exemption from interim countervailing duty and countervailing duty for specific goods listed in the attachment, contingent on the existence of a Tariff Concession Order under the Customs Act 1901. This exemption aims to streamline the application of anti-dumping measures and to ensure that legitimate trade is not unduly burdened.

Scope and Application

The Ministerial Exemption Instrument No. 2 of 2013, issued under the Customs Tariff (Anti-Dumping) Act 1975, applies to certain steel products specified in Attachment 1 that are subject to interim countervailing duty and countervailing duty. This exemption is granted to goods for which a Tariff Concession Order under Part XVA of the Customs Act 1901 is in effect, as confirmed by the Attorney-General. The instrument exempts specified types of steel coils and flat rolled steel products from anti-dumping duties, provided they meet precise technical specifications and are intended for particular industrial uses, such as the manufacture of electric resistance welded (ERW) steel pipes and tubes, or motor vehicles. The geographic scope of this exemption is national, applying across Australia, as it pertains to the Commonwealth's customs tariff regulations. The exemptions are contingent upon the goods meeting all listed criteria and tolerances, and no exclusions or exemptions other than those detailed in the Attachment are provided in the instrument itself. The application of this exemption can be further defined or extended through subordinate instruments issued under the authority of the Customs Tariff (Anti-Dumping) Act 1975.

Key Provisions

Ministerial Exemption Instrument No. 2 of 2013, under the Customs Tariff (Anti-Dumping) Act 1975, exempts specified goods from interim countervailing duty and countervailing duty. This exemption is granted due to the existence of a Tariff Concession Order (TCO) under Part XVA of the Customs Act 1901. The instrument applies to goods that meet the detailed descriptions outlined in Attachment 1, which includes specific technical specifications and stated uses for each category of steel coils. These goods, which include non-alloy steel coils with various properties and uses, are eligible for exemption from dumping duties. The obligations imposed by this Act on the parties and entities it governs primarily involve ensuring compliance with the detailed specifications of the exempted goods. Importers and exporters must verify that the goods they are trading meet the stringent requirements outlined in the Tariff Concession Orders. This includes checking that the steel coils adhere to standards such as ASTM A 653/A 653M - 05a or JIS G 3302:2007 and meet the specified chemical composition, thickness, width, yield strength, and other technical parameters. Additionally, the stated uses for the steel coils must align with the purposes outlined, such as for the manufacture of Electric Resistance Welded (ERW) steel pipes and tubes or motor vehicles. The Act does not explicitly state civil or criminal penalties for non-compliance with the exemption requirements. However, non-compliance with the terms of the Tariff Concession Orders or failure to meet the specified technical standards could potentially lead to the imposition of countervailing duties. These duties are intended to counteract the effects of dumped or subsidized imports. Importers found to be in breach of the conditions set out in the TCOs may also face administrative actions, including the need to provide additional documentation or evidence to support their claims for exemption. The absence of a specific penalty clause suggests that the primary enforcement mechanism is the application of duties if the goods do not meet the exemption criteria.

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