Customs Act 1901 - Part XVB

Hot Rolled Coil Steel (HRC)

Exported from

Japan, the Republic of Korea, Malaysia and Taiwan

Findings in relation to an investigation into dumping

Notice pursuant to subsections 269TG(1) and 269TG(2) of the Customs Act 1901

The Australian Customs and Border Protection Service (Customs and Border Protection) has completed its investigation into the dumping of hot rolled coil steel (the goods), classified under sub-heading 7208.25.00 (statistical code 32), 7208.26.00 (statistical code 33), 7208.27.00 (statistical code 34), 7208.36.00 (statistical code 35), 7208.37.00 (statistical code 36), 7208.38.00 (statistical code 37), 7208.39.00 (statistical code 38), 7208.53.00 (statistical code 42), 7208.54.00 (statistical code 43), 7208.90.00 (statistical code 30), 7211.14.00 (statistical code 40) and 7211.19.00 (statistical code 41), in Schedule 3 to the Customs Tariff Act 1995, exported to Australia from Japan, the Republic of Korea (Korea), Malaysia and Taiwan.

In International Trade Remedies Report No. 188 (REP 188) Customs and Border Protection recommended the publication of a dumping duty notice in respect of the goods. REP 188 outlines the investigations carried out by Customs and Border Protection, a statement of the reasons for the recommendations contained in REP 188, material findings of fact or law on which Customs and Border Protection’s recommendations were based and particulars of the evidence relied on to support the findings.

Particulars of the dumping margin established for the exporters and an explanation of the methods used to compare export prices and normal values to establish the dumping margin are set out in the following table:

REP 188 should be read in conjunction with this notice and is available from the International Trade Remedies Branch, Canberra on telephone (02) 6245 5453. Reports are also available on the Customs and Border Protection internet site at www.customs.gov.au.

I, JASON CLARE, Minister for Home Affairs, have considered, and accepted, the recommendations of Customs and Border Protection, the reasons for the recommendations, the material findings of fact on which the recommendations are based and the evidence relied on to support those findings in REP 188.  

I am satisfied, as to the goods that have been exported to Australia, that the amount of the export price of the goods is less than the normal value of those goods and because of that, material injury to the Australian industry producing like goods might have been caused if the security had not been taken. Therefore under ss 269TG(1) of the Customs Act 1901 (the Act), I DECLARE that section 8 of the Customs Tariff (Anti-Dumping) Act 1975 (the Dumping Duty Act) applies to:

·         the goods; and

·         like goods that were exported to Australia after 5 October 2012, the date on which the Chief Executive Officer made a preliminary affirmative determination under ss 269TD(4)(a) of the Act that there appeared to be sufficient grounds for the publication of a dumping duty notice but before publication of this notice.

I am also satisfied that the amount of the export price of like goods that have already been exported to Australia is less than the amount of the normal value of those goods, and the amount of the export price of like goods that may be exported to Australia in the future may be less than the normal value of the goods and because of that, material injury to the Australian industry producing like goods has been caused.  Therefore under ss 269TG(2) of the Act, I DECLARE that section 8 of the Dumping Duty Act applies to like goods that are exported to Australia after the date of publication of this notice.

This declaration applies in relation to all exporters of the goods and like goods from Japan, Korea, Malaysia and Taiwan to Australia.

The considerations relevant to my determination of material injury to the Australian industry caused by dumping are the size of the dumping margins, the effect of dumped imports on prices in the Australian market in the form of price depression, price suppression and the consequent impact on the Australian industry including loss of profits and reduced profitability. In making my determination, I have considered whether any injury to the Australian industry is being caused or threatened by a factor other than the exportation of dumped goods, and have not attributed injury caused by other factors to the exportation of those dumped goods.

Particulars of the export prices, non-injurious prices, and normal values of the goods as ascertained will not be published in this notice as they may reveal confidential information.

Interested parties may seek a review of this decision by lodging an application with the Trade Measures Review Officer (TMRO), in accordance with the requirements in Division 9 of Part XVB of the Act, within 30 days of the publication of this notice.

The TMRO can be contacted by phone, fax or mail:

            Trade Measures Review Officer

            c/- Australian Government Solicitor

            Level 42 MLC Centre

            19 Martin Place

            Sydney NSW 2000

            Phone: (02) 9581 7640

            Fax: (02) 9581 7732

Enquiries concerning this notice may be directed to the case manager on telephone number (02) 6245 5453, fax number (02) 6275 6990 or email to itrops1@customs.gov.au.

Dated this 4^th day of December 2012

JASON CLARE

Minister for Home Affairs