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Administered by: Industry, Innovation and Science
Published Date 20 Oct 2015

Customs Act 1901 – Part XVB

Certain aluminium extrusions

Exported from the People’s Republic of China

Findings in relation to a continuation inquiry into

anti-dumping measures

 

Public notice under subsection 269ZHG(1)(b) of the Customs Act 1901

The Commissioner of the Anti-Dumping Commission has completed an inquiry, which commenced on 24 April 2015, into whether the expiration of the anti-dumping measures (in the form of a dumping duty notice and a countervailing duty notice) applying to certain aluminium extrusions (aluminium extrusions) exported to Australia from the People’s Republic of China (China) would lead, or would be likely to lead, to a continuation of, or a recurrence of, the dumping and subsidisation and the material injury that the measures are intended to prevent.

 

Recommendations resulting from that inquiry, reasons for the recommendations and material findings of fact or law in relation to the inquiry are contained in

Anti-Dumping Commission Report No. 287 (REP 287).

 

I, KAREN ANDREWS, the Parliamentary Secretary to the Minister for Industry, Innovation and Science, have considered REP 287 and have decided to accept the recommendations and reasons for the recommendations, including all the material findings of fact or law, therein and have decided that the anti-dumping measures applying to aluminium extrusions exported to Australia from China should continue from 28 October 2015.

 

Under subsection 269ZHG(1)(b) of the Customs Act 1901 (the Act), I have decided to secure the continuation of the anti-dumping measures currently applying to aluminium extrusions exported to Australia from China.

 

I determine that the dumping duty notice and the countervailing duty notice continue in force after 28 October 2015. Pursuant to subsections 8(5BAAA)(a) and (c), and 10(3DA)(a) and (c) of the Customs Tariff (Anti-Dumping) Act 1975 (Dumping Duty Act), I have not had regard to the desirability of fixing a lesser amount of duty that does not exceed the non-injurious price and, as such, the non-injurious price will have no future application.

The dumping duty that has been determined is an amount that has been worked out in accordance with the combination of fixed and variable duty method pursuant to subsection 5(2) of the Customs Tariff (Anti-Dumping) Regulation 2013, as detailed in the table below and the notice has effect accordingly.

 

The countervailing duty that has been determined is an amount that has been ascertained as a proportion of the export price of the goods pursuant to subsection 10(3B)(a) of the Dumping Duty Act, as detailed in the table below and the notice has effect accordingly.

 

Exporter

Effective rate of interim dumping duty

(fixed component)

Effective rate of interim countervailing duty

Duty method

Guang Ya Aluminium Industries Co., Ltd.

0.0%

4.5%

Dumping – combination of fixed and variable duty method.

 

Countervailing – (ad valorem).

PanAsia Aluminium (China) Co., Ltd.

16.5%

5.4%

Tai Shan City Kam Kiu Aluminium Extrusion Co., Ltd.

2.0%

1.8%

Guangdong Zhongya Aluminium Co., Ltd.

N/A

0.6%

Residual exporters #

9.4%

8.1%

All other and uncooperative exporters (except Tai Ao Aluminium Tai Shan Co., Ltd.)

28.3%

20.2%

# As specified in REP 248.

 

The actual duty liability may be higher than the effective rate of duty due to a number of factors. Affected parties should contact the Anti-Dumping Commission on telephone number 13 28 46 or email at clientsupport@adcommission.gov.au for further information regarding the actual duty liability in their particular circumstance.

 

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 287 has been placed on the public record, which may be examined at the Anti-Dumping 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 (03) 8539 2424, fax number (03) 8539 2499 or email at operations4@adcommission.gov.au.

 

Dated this 14th day of October 2015

 

 

KAREN ANDREWS

Parliamentary Secretary to the Minister for Industry, Innovation and Science