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Administered by: Industry
Published Date 20 Nov 2014

 

Customs Act 1901 – Part XVB

 

Hot Rolled Structural Steel Sections

Exported from Japan, the Republic of Korea, Taiwan and the Kingdom of Thailand

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 hot rolled structural steel sections (“the goods” or “HRS”), exported to Australia from Japan, the Republic of Korea (Korea), Taiwan and the Kingdom of Thailand (Thailand).  

 

The goods are classified to following tariff subheadings in Schedule 3 of the Customs Tariff Act 1995:

 

·         7216.31.00 statistical code 30;

·         7216.32.00 statistical code 31;

·         7216.33.00 statistical code 32; and

·         7216.40.00 statistical code 33.

A full description of the goods is available in Anti-Dumping Notice (ADN) No. 2013/75, which is available on the internet at www.adcommission.gov.au

 

The Commissioner reported his findings and recommendations to me in Anti-Dumping Commission Report No. 223 (REP 223). REP 223 outlines how the Anti-Dumping Commission (the Commission) carried out the investigation and recommends the publication of a dumping duty notice in respect of the goods.

 

Notice of my decision was published in The Australian newspaper and the Commonwealth of Australia Gazette on 20 November 2014.

 

Particulars of the dumping margins established and an explanation of the methods used to compare export prices and normal values to establish the dumping margins are also set out in the table below.

 

Country

Manufacturer/ exporter

Dumping margin and effective rate of duty

Duty Method

Method to establish dumping margin

Japan

JFE Bars and Shapes Corporation

12.15%

Ad valorem

 

Weighted average export prices were compared with corresponding normal values over the investigation period in terms of s.269TACB(2)(a) of the Customs Act 1901 (the Act).

Uncooperative Exporters

12.23%

Ad valorem

Korea

Hyundai Steel Company

2.52%

Ad valorem

Uncooperative Exporters

3.24%

Ad valorem

Taiwan

TS Steel Co Ltd

4.68%

Ad valorem

Tung Ho Steel Enterprise Corporation

2.20%

Ad valorem

Uncooperative Exporters

7.89%

Ad valorem

Thailand

Siam Yamato Steel Co Ltd

18.28%

Ad valorem

Uncooperative Exporters

19.48%

Ad valorem

 

NB: Pursuant to s. 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 above table lists the effective rate of duty which in this case are equal to the dumping margins found, as the lesser duty rule pursuant to s. 8(5B) of the Dumping Duty Act in this case does not come into effect.

The effective rate of duty has been calculated in accordance with the ad valorem duty method.

The investigation as it relates to Feng Hsin Iron and Steel Co Ltd has been terminated, and imports to Australia manufactured by Feng Hsin Iron and Steel Co Ltd are free of dumping duty.

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 223.

 

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 s. 269TG(1) of the Act, I DECLARE that s. 8 of the Dumping Duty Act applies to:

(i)    the goods; and

(ii)  like goods that were exported to Australia after 14 March 2014 (when the Commissioner made a preliminary affirmative determination under s. 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.[1]

 

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 s. 269TG(2) of the Act, I DECLARE that s. 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, Taiwan (except for exports by Feng Hsin Iron and Steel Co Ltd) and Thailand.

 

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 Australian industry prices and the consequent impact on the Australian industry including reduced revenues, price depression, price suppression, reduced 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.

 

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 anti-dumping measures are applied to ‘goods on the water’ is available in Australian Customs Dumping Notice No. 2012/34, available at www.adcommission.gov.au.

 

REP 223 and other documents included in the public record may be examined at the Commission’s 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 +61 3 9244 8270, fax number +61 3 9244 8902 or email at operations3@adcommission.gov.au.

 

Dated this 7th day of November 2014

 

ROBERT CHARLES BALDWIN

Parliamentary Secretary to the Minister for Industry

 



[1] Within the time limitations of section 45 of the Act.