Customs Act 1901 – Part XVB

CERTAIN ALUMINIUM EXTRUSIONS

Exported by PanAsia Aluminium (China) Limited from the People’s Republic of China

Findings in relation to an Anti-Circumvention Inquiry into the avoidance of the intended effect of duty

Public Notice under subsection 269ZDBH(1) of the Customs Act 1901

The Commissioner of the Anti-Dumping Commission (the Commissioner) has completed the anti-circumvention inquiry into the avoidance of the intended effect of duty, which commenced on 14 April 2014, concerning the export of certain aluminium extrusions (the goods) to Australia by PanAsia Aluminium (China) Limited (PanAsia) from the People’s Republic of China.

Recommendations resulting from that inquiry, reasons for the recommendations and material findings of fact and law in relation to the inquiry are contained in Anti-Dumping Commission Report No. 241 (REP 241).

I, IAN MACFARLANE, the Minister for Industry and Science, have considered REP 241 and have decided to accept the recommendations and reasons for the recommendations, including all the material findings of facts or law set out in REP 241.

Under subsection 269ZDBH(1) of the Customs Act 1901 (the Act), I declare, for the purposes of the Act and the Customs Tariff (Anti-Dumping) Act 1975, a different variable factor (a new ascertained export price) for the original notice published under subsection 269TG(2) and subsection 269TJ(2) of the Act in relation to certain aluminium extrusions exported from China from PanAsia which takes effect as follows:

·                the alteration to the original notice relating to all exports of certain aluminium extrusions by PanAsia to the following importers is taken to have been made, with effect on and after 14 April 2014:

o      P&O Aluminium (Brisbane) Pty Ltd;

o      P&O Aluminium (Melbourne) Pty Ltd;

o      P&O Aluminium (Perth) Pty Ltd;

o      P&O Aluminium (Sydney) Pty Ltd; and

o      Oceanic Aluminium Pty Ltd, and

·                the alteration to the original notice relating to all exports of certain aluminium extrusions by PanAsia is taken to have been made with effect on and after the day this declaration is published.

The duty that has been determined is an amount worked out in accordance with the fixed (ad valorem) and variable duty method in relation to dumping and the fixed (ad valorem) method in relation to countervailing.

To preserve confidentiality, the revised variable factor (as ascertained in the confidential tables attached to this notice) will not be published. Bona fide importers of the goods can obtain details of the new rates from the Regional Dumping Officer in their respective capital city.

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

REP 241 has been placed on the public record, which is available at the Anti-Dumping Commission’s (the Commission) website at www.adcommission.gov.au. Alternatively the public record may be examined at the Commission’s office during business hours by contacting the case manager using the contact details provided below.

Enquiries about this notice may be directed to the case manager on telephone number
03 9244 8065 fax number 1300 882 506 or +61 3 9244 8902 (outside Australia) or acu@adcommission.gov.au

Dated this 21st day of January 2015

IAN MACFARLANE

Minister for Industry and Science