Output 5 - Anti-dumping and countervailing administration

Appeals

Appeals to the Trade Measures Review Officer

An affected party may appeal certain decisions made by Customs and the Minister for Justice and Customs to the Trade Measures Review Officer (TMRO). In 2004–05, the following matters were referred and/or finalised for:

• copper tube exported from Korea, the TMRO affirmed Customs decision to reject an application for duty assessment. Customs decision to reject a further application for duty for the goods is currently before the TMRO
• electric welded circular hollow sections exported from Korea, the TMRO affirmed Customs decision to terminate an investigation
• galvanised steel pipe exported from Thailand, the TMRO affirmed Customs decision to reject an application for duty assessment
• olive oil exported from Greece, Italy and Spain, the TMRO affirmed Customs decision to terminate an investigation into the alleged subsidisation of those goods
• hollow steel sections exported from China, Korea, Malaysia and Thailand, the TMRO reversed Customs decision to reject an anti-dumping application. Accordingly, Customs initiated an investigation, which it subsequently terminated. A further application was made to the TMRO in response to this decision. A result is expected in 2005–06
• certain hot-rolled-plate steel exported from China, Indonesia, Japan and Korea, the TMRO recommended that the Minister affirm his original decision (and the Minister agreed)
• a matter of certain silicon from China was under review at 30 June 2005.

Applications to the Federal Court

One outstanding matter at 30 June 2004 was resolved during the year. In April 2003, Amcor Packaging (Australia) Pty Limited (Amcor) filed an application for review of the CEO’s decision about a duty assessment on tinplate exported from Taiwan. In December 2003, Amcor filed an amended application seeking to set aside the Minister’s decision on the duty assessment. The matter was heard by the Court on 6 December 2004 and settled subsequent to the hearing

Three new matters were referred to the Court in 2004–05:

• In October 2004, LG Electronics Incorporated (LGE) and LG Electronics Australia Pty Ltd (LGEAP) lodged an application seeking to set aside the decisions of the Minister, the CEO and delegates of the CEO, for the imposition of interim dumping duties on exports of washing machines exported from the Republic of Korea (Korea). The Federal Court found in favour of the Minister, the CEO and delegates of the CEO. LGE and LGEAP’s appeal to the Full Court is expected to be heard in August 2005
• In September 2004, Inglewood Olive Processors Limited (Inglewood) asked the Court to set aside the decisions of the CEO and the TMRO to terminate the investigation into the alleged subsidisation of certain olive oil exported from Greece, Italy and Spain. The Court found in favour of the CEO and the TMRO. Inglewood appealed to the Full Court in January 2005. The appeal was heard on 9 May 2005. The Full Court handed down its decision on 31 May 2005 in favour of the CEO and the TMRO
• In November 2004, Australian Vinyls Corporation Limited (AVC) sought a review of the CEO’s decision to reject an application for continuation of anti-dumping measures for PVC exported to Australia from Hungary and Korea. In December 2004, Customs agreed to consent orders setting aside the decision and remitting the matter for reconsideration.