Customs Act 1901 – Part XVB
PROCESSED DRIED CURRANTS
Exported from Greece
Findings in Relation to a Review of Anti-Dumping Measures
Public Notice under subsection 269ZDB(1) of the Customs Act 1901
The Anti-Dumping Commission (the Commission) has completed its review, which commenced on 25 July 2013, of the anti-dumping measures applying to processed dried currants (‘the goods”) exported to Australia from Greece.
Recommendations resulting from that review, reasons for the recommendations and material findings of fact or law in relation to the review are contained in Anti-Dumping Commission Report No. 220 (REP 220).
I, BOB BALDWIN, Parliamentary Secretary to the Minister for Industry, have considered REP 220 and have decided to accept the recommendations and reasons for the recommendations, including all the material findings of fact or law set out in REP 220.
Under subsection 269ZDB(1) of the Customs Act 1901 (the Act), I declare, for the purposes of the Act and the Customs Tariff (Anti-Dumping) Act 1975 to the extent that anti-dumping measures concerning the goods involved the publication of a dumping duty notice that, with effect from 14 January 2014, the notice is to be taken to have effect in relation to exporters generally as if different variable factors had been fixed, relevant to the determination of duty.
The duty that has been determined is an amount worked out in accordance with the floor price duty method.
To preserve confidentiality, the revised variable factors (as ascertained in the confidential tables attached to this notice) will not be published. Bona fide importers of the goods can obtain details of the new rates from the Regional Dumping Officer in their respective capital city.
Interested parties may seek a review of this decision by lodging an application with the Anti-Dumping Review Panel (www.adreviewpanel.gov.au) in accordance with the requirements in Division 9 of Part XVB of the Act, within 30 days of the publication of this notice.
REP 220 has been placed on the Commission’s public record, available at www.adcommission.gov.au. Alternatively, the public record may be examined at the Commission’s office during business hours by contacting the case manager on the details provided below.
Enquiries about this notice may be directed to the case manager on telephone number (02) 6275 5755, fax number 1300 882 506 or +61 2 6275 6888 (outside Australia) or Operations2@adcommission.gov.au.
Dated this 9th day of January 2014
BOB BALDWIN
Parliamentary Secretary to the Minister for Industry
Overview
The Customs Act 1901, enacted by the Parliament of Australia, is a comprehensive statute governing the regulation of imports and exports within the country. Part XVB of the Act specifically addresses the imposition of anti-dumping measures to protect domestic industries from unfair trade practices such as dumping, which involves exporting goods at prices lower than their fair value. This piece of legislation was introduced to address the problem of unfair trade practices that could harm local industries and consumers by ensuring that imported goods are not sold at prices that are significantly below their fair market value. Following a review of the anti-dumping measures concerning processed dried currants exported from Greece, the Anti-Dumping Commission has recommended changes to the applicable duties, which have been accepted by the Parliamentary Secretary to the Minister for Industry. The objective of this review was to ensure that the anti-dumping measures continue to serve their intended purpose of protecting Australian industries from the adverse effects of dumping.
Scope and Application
The Customs Act 1901, specifically Part XVB, pertains to the regulation of anti-dumping measures concerning processed dried currants exported from Greece to Australia. This Act applies to all exporters of the specified goods, ensuring that they adhere to the revised duty rates determined by the Anti-Dumping Commission. The geographic scope of this legislation is national, with the Commonwealth implementing these measures to protect domestic industries from unfair trade practices. The duty rates are set according to the floor price duty method as recommended in Anti-Dumping Commission Report No. 220, which has been accepted by the Parliamentary Secretary to the Minister for Industry. Bona fide importers can access the revised duty rates through Regional Dumping Officers in their respective capital cities, while confidential details are withheld to maintain privacy. Interested parties have the right to seek a review of the decision within 30 days of the notice's publication, as outlined in Division 9 of Part XVB of the Act. The Anti-Dumping Commission’s public record, including REP 220, is available for examination at the Commission’s office or online, facilitating transparency and public access to the decision-making process.
Key Provisions
The Customs Act 1901, specifically Part XVB, contains the operative sections that pertain to the review of anti-dumping measures on processed dried currants exported from Greece (s 269ZDB(1)). Following the review, it was determined that the duty applicable to these goods would be based on a floor price duty method, effective from 14 January 2014. This decision was made by Bob Baldwin, the Parliamentary Secretary to the Minister for Industry, who accepted the recommendations and findings of the Anti-Dumping Commission's Report No. 220 (REP 220). The revised variable factors used in the determination of duty will not be published due to confidentiality concerns but are available to bona fide importers through the Regional Dumping Officer in their respective capital city.
The Act imposes certain obligations on the parties involved, particularly exporters and importers of the goods in question. Exporters must now comply with the new duty rates determined by the revised variable factors, while importers, if they are bona fide, can access the new rates for compliance purposes. Additionally, the Act mandates that the Anti-Dumping Commission's public record, including REP 220, be made available for examination by interested parties, either online or at the Commission's office during business hours.
Failure to comply with the provisions set out in the Customs Act 1901 or the decisions of the Anti-Dumping Commission could result in various civil or criminal consequences. Although the specific penalties are not detailed in the notice, breaches of customs laws generally can lead to significant financial penalties. The maximum penalties for customs-related offences can include fines of up to $22,200 for individuals and $111,000 for corporations, with additional potential penalties for repeated or serious breaches. Furthermore, criminal charges may be pursued for deliberate or negligent violations, which could result in imprisonment. Interested parties also have the right to seek a review of the decision by lodging an application with the Anti-Dumping Review Panel within 30 days of the notice's publication.