Processed Dried Currants - Exported from Greece - Findings (REP 213)

Overview

The Customs Act 1901 was enacted to regulate the import and export of goods in Australia, including the imposition of anti-dumping measures to protect domestic industries from unfair trade practices. This particular piece of legislation addresses the problem of dumped imports of processed dried currants from Greece, which were found to be causing material injury to the Australian industry. The Anti-Dumping Commission, following a continuation inquiry under section 269ZHG of the Act, recommended the continuation of anti-dumping measures to protect the local market. Bob Baldwin, the Parliamentary Secretary to the Minister for Industry, accepted these recommendations and has secured the continuation of the anti-dumping measures for currants exported from Greece, effective from 14 January 2014. This decision was made in accordance with the findings and recommendations contained in Anti-Dumping Commission Report No. 213, which is available for public examination. Interested parties have the option to seek a review of this decision within 30 days of the publication of the notice.

Scope and Application

The Customs Act 1901, specifically Part XVB, governs the imposition and continuation of anti-dumping measures in Australia, including the measures concerning processed dried currants exported from Greece. This legislation applies to imports of specified goods, in this case currants, and the measures are enforced to protect domestic industries from the effects of dumping, which is the sale of goods in Australia at a price lower than their fair value. The geographic reach of the Act is national, as it is a Commonwealth Act, applying across Australia. The decision to continue the anti-dumping measures was made by the Parliamentary Secretary to the Minister for Industry, following the Anti-Dumping Commission's inquiry and recommendation, and is effective from 14 January 2014. Interested parties may seek a review of this decision within 30 days of the notice's publication, as per the requirements outlined in Division 9 of Part XVB of the Act. The application of these measures can be further refined or extended through subordinate instruments, which may include regulations or orders made under the authority of the Act.

Key Provisions

The main operative sections of this legislation include sections 269ZHA, 269ZHG, and 269ZHI of the Customs Act 1901 (the Act). Section 269ZHA provides the process for making recommendations to the relevant Minister regarding the continuation or termination of anti-dumping measures. Section 269ZHG allows the Minister to secure the continuation of anti-dumping measures if they accept the Anti-Dumping Commission’s (the Commission) recommendations. Section 269ZHI details the requirements for making a review application to the Anti-Dumping Review Panel. Pursuant to these sections, the Parliamentary Secretary to the Minister for Industry, Bob Baldwin, has decided to accept the Commission’s recommendations and secure the continuation of the anti-dumping measures applying to processed dried currants exported to Australia from Greece. The Act imposes certain obligations and requirements on the parties and entities it governs. Specifically, the Commission is required to conduct an inquiry into the continuation or recurrence of dumping and material injury, as outlined in section 269ZHA. The Minister is then required to consider the Commission’s recommendations and make a decision on whether to secure the continuation of the measures. If the Minister decides to secure the continuation, they must issue a public notice under section 269ZHG. Interested parties have the right to seek a review of the Minister’s decision within 30 days of the publication of the notice, as stipulated in section 269ZHI. The Act includes provisions for offences, penalties, or civil/criminal consequences for breach, although these are not explicitly detailed in the notice. Generally, breaches of the Act or its regulations may result in civil or criminal penalties, which can include fines and imprisonment, depending on the severity of the offence. For example, under section 236 of the Act, a person who contravenes certain provisions may be liable to a penalty of up to $22,200 or imprisonment for up to two years, or both, for a first offence, and up to $111,000 or imprisonment for up to five years, or both, for a subsequent offence. However, specific penalties for breaches related to anti-dumping measures would need to be referred to the relevant sections of the Act and any applicable regulations.