| 
| Commonwealth
of Australia | Gazette |
| Published by the Commonwealth of Australia | GOVERNMENT NOTICES |
Customs Act 1901 – Part XVB
Power transformers
Exported from the Republic of Indonesia, Taiwan, Thailand and the Socialist Republic of Vietnam
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 power transformers (the goods), exported to Australia from the People’s Republic of China (China), the Republic of Indonesia (Indonesia), the Republic of Korea (Korea), Taiwan, Thailand and the Socialist Republic of Vietnam (Vietnam).
The goods are classified to tariff subheadings 8504.22.00 (statistical code 40) and 8504.23.00 (statistical codes 26 and 41) of Schedule 3 to the Customs Tariff Act 1995. The various potential combinations of incomplete power transformers are not all classifiable to these classifications.
A full description of the goods is available in Anti-Dumping Notice (ADN) No. 2013/64 which is available at http://www.adcommission.gov.au.
On 1 December 2014, the Commissioner terminated the investigation so far as it related to goods exported by certain exporters in China, Indonesia and Korea and in so far as it related to all exporters in China and Korea. Termination Report No. 219 sets out the reasons for these terminations. This report is available 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. 219 (Report No. 219) which outlined the investigation carried out by the Commission and recommended the publication of a dumping duty notice in respect of the goods.
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:
Country | Manufacturer / exporter | Dumping margin and effective rate of duty | Method to establish dumping margin |
| Indonesia | PT CG Power Systems Indonesia | 8.7% | Individual export prices were compared with corresponding normal values over the investigation period in accordance with subsection 269TACB(2)(b) of the Customs Act 1901 (the Act). |
| All other Indonesian exporters except PT. Unelec Indonesia | 8.7% |
| Taiwan | Fortune Electric Co. Ltd | 15.2% |
| Shihlin Electric & Engineering Corp | 21.0% |
| Tatung Company | 37.2% |
| All other Taiwanese exporters | 37.2% |
| Thailand | ABB Limited, Thailand | 3.6% | Individual export prices were compared with weighted average corresponding normal values over the investigation period in accordance with subsection 269TACB(3) of the Act. |
| Tirathai Public Company Limited | 39.1% | Individual export prices were compared with corresponding normal values over the investigation period in accordance with subsection 269TACB(2)(b) of the Act. |
| All other Thai exporters | 39.1% |
| Vietnam | ABB Limited, Vietnam | 3.8% | Individual export prices were compared with weighted average corresponding normal values over the investigation period in accordance with subsection 269TACB(3) of the Act. |
| All other Vietnamese exporters | 3.8% |
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 Report No. 219.
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 securities had not been taken. Therefore under subsection 269TG(1) of 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 27 November 2013 (being the date that 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 may be 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 Indonesia (excluding goods exported by PT Unelec Indonesia), Taiwan, Thailand and Vietnam.
The dumping duties will be calculated using the ad valorem duty method in accordance with Regulation 5(7) of the Customs Tariff (Anti-Dumping) Regulations 2013; that is as a proportion of the export price.
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 price suppression and the consequent impact on the Australian industry including loss of sales volume, reduced market share, reduced revenue, reduced profits and profitability, reduced capacity utilisation, 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 No. 2012/34, available at www.adcommission.gov.au
Report No. 219 and other documents included in the public record are available at www.adcommission.gov.au. Alternatively, the public record may be examined at the Anti-Dumping Commission’s office by contacting the case manager on the details provided below.
Enquiries about this notice may be directed to the case manager on telephone number +61 2 6275 6729, fax number 1300 882 506 or +61 3 9244 8902 (outside Australia) or operations1@adcommission.gov.au.
Dated this 4th day of December 2014
ROBERT CHARLES BALDWIN
Parliamentary Secretary to the Minister for Industry