Customs Act 1901 – Part XVB

Wind towers

Exported from the People’s Republic of China and the

Republic of Korea

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 wind towers (“the goods”), exported to Australia from the People’s Republic of China (China) and the Republic of Korea (Korea).

The goods may be classified to subheading 7308.20.00 (statistical code 02) in Schedule 3 to the Customs Tariff Act 1995.  This applies to complete towers, unassembled or assembled and applies to a basic tower that includes doors, ladders, landings and embed or tower foundation.

Steel tower sections, including sections with doors etc, are classified to 7308.90.00/49, assembled or disassembled, providing there aren’t enough in a shipment to be judged to be a complete tower.

Combinations of towers and tower sections may vary on a case by case basis for assessment of tariff classification.  Classification may vary when there is more of one thing than another, for example a tower section and lift or a tower section with lift, electrical junction boxes and other equipment.

An assembled complete wind powered generator is a composite machine consisting of two or more machines fitted together to form a whole; e.g. wind engine, generator, gearbox, yaw controls etc. fitted in a steel tower and nacelle, classification is to subheading 8502.31.10/31.

A full description of the goods is available in Anti-Dumping Notice (ADN) No. 2012/68 (relating to the initiation) and is available on the internet at http://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. 221 (REP 221) which outlines the investigation carried out by the Commission and recommends the publication of a dumping duty notice in respect of the goods.

The Parliamentary Secretary has considered REP 221 and has accepted the Commission’s recommendations and reasons for the recommendations, including all material findings of fact or law on which the Commission’s recommendations were based, and particulars of the evidence relied on to support the findings.

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

I, ROBERT CHARLES BALDWIN, Parliamentary Secretary to the Minister for Industry, have considered, and accepted, the recommendations of the Commission, 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 221.

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 Customs Tariff (Anti-Dumping) Act 1975 (the Dumping Duty Act) applies to:

(i)    the goods; and

(ii)  like goods that were exported to Australia after 6 December 2013 (when the Commissioner made a Preliminary Affirmative Determination under paragraph 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, is being caused, or maybe caused in the future.  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 China and Korea.

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 suppression and price depression and the consequent impact on the Australian industry including loss of sales volume, loss of revenue, reduced market share, loss of profits and profitability, reduced production capacity, reduced employment and reduced return on investment.

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 are applied to ‘goods on the water’ is available in Australian Customs Dumping Notice 2012/34, available at www.adcommission.gov.au

REP 221 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) 6245 5434, fax number 1300 882 506 or +61 2 6275 6888 (outside Australia) or ops1@adcommission.gov.au.

Dated this 14^th day of April 2014

ROBERT CHARLES BALDWIN

Parliamentary Secretary to the Minister for Industry

Customs Tariff (Anti-Dumping) Act 1975

Wind towers

Exported from the People’s Republic of China

and The Republic of Korea

Notice under subsection 8(5) 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 in respect of wind towers 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 be determined as a proportion of the export price of those particular goods as specified in subregulation 5(7) of the Customs Tariff (Anti‑Dumping) Regulation 2013.

Pursuant to subsection 8(5BA) of the Dumping Duty Act, I have had regard to the desirability of fixing a lesser amount of duty such that the sum of:

(i)         the export price of those particular goods, and

(ii)        that amount of the interim dumping duty as so fixed,

does not exceed the non-injurious price of goods of that kind as ascertained.

This notice applies to the goods and like goods entered for home consumption on and after 6 December 2013.

Dated this 14^th day of April 2014

ROBERT CHARLES BALDWIN

Parliamentary Secretary to the Minister for Industry