Customs Tariff (Anti-Dumping) Act 1975

Prepared or preserved tomatoes

exported from Italy

Notice pursuant to subsections 8(5) and 8(5B) of the Customs Tariff (Anti Dumping) Act 1975

I, ROBERT CHARLES BALDWIN, Parliamentary Secretary to the Minister for Industry, having decided to issue a notice pursuant to subsections 269TG(1) and 269TG(2) of the Customs Act 1901 (the Act) in respect prepared or preserved tomatoes described in that notice (the goods), DETERMINE, pursuant to subsection 8(5) of the Customs Tariff (Anti Dumping) Act 1975 (the Dumping Duty Act), that the interim dumping duty payable pursuant to s.269TG(1) on the goods is an amount worked out in accordance with the ad valorem duty method, specified in sub-regulations 5(7) of the Customs Tariff (Anti-Dumping) Regulation 2013; and that the interim dumping duty payable pursuant to s.269TG(2) is an amount worked out in accordance with the combination of fixed and variable duty method, specified in sub-regulations 5(2) and 5(3) of the Customs Tariff (Anti-Dumping) Regulation 2013.

Pursuant to subsection 8(5B) of the Dumping Duty Act, I have had regard to the desirability of specifying a method such that the sum of:

(i)         the export price of goods of that kind as so ascertained or last ascertained; and

(ii)        the interim dumping duty payable on the goods;

does not exceed the non-injurious price of goods of that kind as ascertained, or last ascertained, for the purpose of those notices.

This notice applies to the goods and like goods entered for home consumption on and after 1 November 2013.

Dated this 14^th day of April 2014

ROBERT CHARLES BALDWIN

Parliamentary Secretary to the Minister for Industry

Customs Act 1901 – Part XVB

Prepared or Preserved Tomatoes
Exported from Italy

Findings in Relation to a Dumping Investigation

Public notice under subsections 269TG(1) and (2) of the Customs Act 1901

The Commissioner of the Anti-Dumping Commission (the Commissioner) has completed the investigation into the alleged dumping of prepared or preserved tomatoes (the goods), exported to Australia from Italy.

The goods are classified to tariff subheading 2002.10.00 (statistical code 60) in Schedule 3 of the Customs Tariff Act 1995.

A full description of the goods is available in Anti-Dumping Notice (ADN) No. 2013/59. This ADN is available on the internet at www.adcommission.gov.au

The Commissioner reported the findings and recommendations to the Parliamentary Secretary to the Minister for Industry (the Parliamentary Secretary) in Anti-Dumping Commission Report No. 217 (REP 217), in which it outlines the investigations carried out by the Commissioner and recommends the publication of a dumping duty notice in respect of the goods. The Parliamentary Secretary has considered REP 217 and has accepted the Commissioner’s recommendations and reasons for the recommendations, including all material findings of fact or law on which the Commissioner’s recommendations were based, and particulars of the evidence relied on to support the findings.

I accepted the Commissioner’s recommendation to impose a retrospective notice in relation to the goods.

On 20 March 2014, the Commissioner terminated the dumping investigation into the goods exported from Italy by La Doria S.p.A. and Feger di Gerardo Ferraioli S.p.A. Termination Report No. 217 sets out the reasons for these terminations. This report is available at www.adcommission.gov.au

Particulars of the method used to compare export prices and normal values and the dumping margins established are set out in the following table:

NB: Pursuant to section 12 of the Customs Tariff (Anti-Dumping) Act 1975 (the Dumping Duty Act), conversion of securities to interim duty will not exceed the level of security taken. The rate of conversion for securities will be required per the notices published on 1 November 2013 and 4 February 2014.

I, ROBERT CHARLES BALDWIN, Parliamentary Secretary to the Minister for Industry, have considered, and accepted, the recommendations of the Commissioner, 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 217.

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 subsection 269TG(1) of the Customs Act 1901 (the Act), I DECLARE that section 8 of the Dumping Duty Act applies to:

(i)    the goods; and

(ii)  like goods that were exported to Australia after 1 November 2013 (when the Commissioner made a Preliminary Affirmative Determination under section 269TD of the Act that there appeared to be sufficient grounds for the publication of a dumping duty notice) but before the 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 or is being caused. Therefore under subsection 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 Italy excluding those exported by La Doria S.p.A. and Feger di Gerardo Ferraioli S.p.A..

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 undercutting and the consequent impact on the Australian industry including price depression, price suppression and reduced profits and 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.

Interested parties may seek a review of this decision by lodging an application with the Anti-Dumping Review Panel, in accordance with the requirements in Division 9 of Part XVB of the Act, within 30 days of the publication of this notice.

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

Clarification about how measures securities are applied to ‘goods on the water’ is available in ACDN 2012/34, available at www.adcommission.gov.au.

REP 217 and other documents included in the public record may be examined at the Anti-Dumping Commission office by contacting the case manager on the details provided below.  Alternatively, the public record is available at www.adcommission.gov.au.

Enquiries about this notice may be directed to the case manager on telephone number 02 62744948, fax number 1300 882 506 or +61 2 6275 6888 (outside Australia) or operations1@adcommission.gov.au.

Dated this 14^th day of April 2014

ROBERT CHARLES BALDWIN

Parliamentary Secretary to the Minister for Industry