Customs Tariff (Anti-Dumping) Act 1975
Silicon Metal
Exported from the People’s Republic of China
Notice pursuant to subsections 10(3B) and 10(3D) of the Customs Tariff (Anti‑Dumping) Act 1975
I, KAREN ANDREWS, Parliamentary Secretary to the Minister for Industry and Science, having decided to issue a notice pursuant to subsection 269TJ(1) and subsection 269TJ(2) of the Customs Act 1901 (the Act) in respect of silicon metal described in that notice (the goods), DIRECT, pursuant to subsection 10(3B)(a) of the Customs Tariff (Anti‑Dumping) Act 1975 (the Dumping Duty Act), that the interim countervailing duty referred to in subsection 10(3A) of that Act in respect of silicon metal exported from the People’s Republic of China to Australia be ascertained as a proportion of the export price of those particular goods.
Pursuant to subsection 10(3DA) of the Dumping Duty Act, I have not had regard to the desirability of fixing a lesser rate of interim countervailing duty under subsection 10(3D) of the Dumping Duty Act because I am satisfied that in relation to the goods the subject of the notice under subsections 269TJ(1) and 269TJ(2) of the Act:
(i) the country in relation to which the countervailable subsidy has been provided has not complied with Article 25 of the World Trade Organization Agreement on Subsidies and Countervailing Measures for the compliance period (subsection 10(3DA)(a) of the Dumping Duty Act); and
(ii) the normal value of the goods was not ascertained under subsection 269TAC(1) of the Act because of the operation of subsection 269TAC(2)(a)(ii) of the Act (subsection 10(3DA)(c) of the Dumping Duty Act).
This notice applies to the goods and like goods entered for home consumption on and after the date of publication of this notice.
Dated this 28th day of May 2015
KAREN ANDREWS
Parliamentary Secretary to the Minister for Industry and Science
Overview
The Customs Tariff (Anti-Dumping) Act 1975 was enacted to address the problem of anti-dumping practices in international trade, ensuring that Australian industries are protected against the injurious effects of dumped imports. This legislation provides mechanisms to impose countervailing duties on goods that are exported from one country to another at prices lower than the fair market value, often due to subsidies provided by the exporting country's government. The Act was introduced by the Australian Parliament to safeguard domestic industries from unfair trade practices that could lead to significant economic harm. The policy objective of this Act is to maintain fair trading conditions and to ensure that the Australian market is not distorted by the influx of cheaply priced, subsidised goods from abroad. This notice, issued by Karen Andrews, the Parliamentary Secretary to the Minister for Industry and Science, specifically targets silicon metal exported from the People’s Republic of China, aiming to ascertain an interim countervailing duty in line with the provisions of the Customs Tariff (Anti-Dumping) Act 1975.
Scope and Application
The Customs Tariff (Anti-Dumping) Act 1975, in conjunction with the Customs Act 1901, applies to silicon metal exported from the People’s Republic of China to Australia, specifically targeting instances of alleged dumping and subsidisation. This Act governs the imposition of countervailing duties to mitigate the impact of unfairly traded imports on the Australian market and domestic industries. The notice issued by Karen Andrews, the Parliamentary Secretary to the Minister for Industry and Science, specifies that an interim countervailing duty will be set as a proportion of the export price of silicon metal exported from China. The application of this duty is mandated by the Dumping Duty Act, which mandates that certain conditions be met, such as non-compliance with the World Trade Organization Agreement on Subsidies and Countervailing Measures. This legislation’s jurisdiction extends nationally, applying to all goods subject to the notice, which were entered for home consumption on and after the notice's publication date.
Key Provisions
The Customs Tariff (Anti-Dumping) Act 1975 includes specific provisions for the imposition of countervailing duties on imported goods found to be subsidised and dumped. Section 10(3B) of the Act requires that the interim countervailing duty on silicon metal exported from the People’s Republic of China to Australia be calculated as a proportion of the export price of the goods. This calculation is mandated by the authority of the relevant Minister, in this case, Karen Andrews, who acts as the Parliamentary Secretary to the Minister for Industry and Science. This notice, published on 28 May 2015, applies to silicon metal and similar goods entering Australia for home consumption from the date of publication onwards.
The Act imposes obligations on the importers and exporters of silicon metal from the People’s Republic of China. Importers must ensure that the goods are priced inclusive of the interim countervailing duty as stipulated by the notice. Exporters, on the other hand, must comply with the valuation requirements set out in the Act and provide accurate information regarding the export price and any subsidies received. The Act further mandates that the duty is to be ascertained based on the export price, which is a critical aspect for compliance with the legislation.
Failure to comply with the requirements of the Customs Tariff (Anti-Dumping) Act 1975 can result in serious legal consequences. The Act provides for both civil and criminal penalties for non-compliance. Civil penalties can include fines and the recovery of any underpaid duties, while criminal penalties can include imprisonment for individuals found guilty of knowingly or recklessly contravening the Act. The specific maximum penalties are not detailed in the notice but generally align with the severity of the offence under Australian customs and trade laws. The intent behind these penalties is to enforce compliance and deter any attempts to circumvent the duty provisions.