COMMONWEALTH OF AUSTRALIA

Customs Act 1901 – Part XVB

Aluminium Road Wheels

Exported from the People’s Republic of China

Findings in relation to a Review of Anti-Dumping Measures

Public Notice under subsection 269ZDB(1)(a)(iii) of the Customs Act 1901

The Commissioner of the Anti-Dumping Commission has completed a review, which commenced on 15 September 2014, of the anti-dumping measures applying to aluminium road wheels (‘the goods”) exported to Australia from the People’s Republic of China.

Recommendations resulting from that review, reasons for the recommendations and material findings of fact and law in relation to the review are contained in Anti-Dumping Commission Report No. 263 (REP 263).

I, KAREN ANDREWS, the Parliamentary Secretary to the Minister for Industry, Innovation and Science have considered REP 263 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 263. 

Under subsection 269ZDB(1)(a)(iii) of the Customs Act 1901 (the Act), I declare that, for the purposes of the Act and the Customs Tariff (Anti-Dumping) Act 1975 (Dumping Duty Act), that, with effect from the date of publication of this notice, the dumping duty notice and countervailing duty notice currently applying to the goods exported to Australia from China is to be taken to have effect or to have had effect, in relation to all exporters from China, as if different variable factors had been fixed in respect of all exporters, relevant to the determination of duty.

The dumping duty that has been determined is an amount that has been worked out in accordance with either the combination of fixed (ad valorem) and variable duty method pursuant to subsection 5(2) of the Customs Tariff (Anti-Dumping) Regulation 2013 (the Regulation), or the floor price duty method pursuant to subsection 5(4) of the Regulation, 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.

To preserve confidentiality, the revised variable factors such as ascertained export price, normal value, non-injurious price and countervailable subsidy amount will not be published.

The calculation of combined dumping and countervailing duties is not simply a matter of adding the dumping and subsidy margins together for any given exporter, or group of exporters. Rather, the collective interim dumping duty and interim countervailing duty imposed in relation to the goods is the sum of:

·         the subsidy rate calculated for all countervailable programs, and

·         the dumping rates calculated, less an amount for the subsidy rate applying to Program 1.

Affected parties contact the business.gov.au hotline on 13 28 46, or email the Anti‑Dumping Commission’s client support team at clientsupport@adcommission.gov.au for further information regarding the actual duty liability calculation 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 263 has been placed on the public record.  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 8539 2416, fax number 1300 882 506 or +61 3 8539 2499 (outside Australia), or email at operations4@adcommission.gov.au.

Dated this        14^th day of       October 2015

KAREN ANDREWS

Parliamentary Secretary to the Minister for Industry, Innovation and Science