Output 5 - Anti-dumping and countervailing administration
Practice
Meeting statutory timeframes
Extensions of time to place statements of essential facts on the public file granted by the Minister in 2004–05 are detailed in Figure 42 below.
Figure 42: Extension to statutory timeframes
| Goods | Export county |
Additional time |
Comment |
|---|---|---|---|
domestic refrigerators |
Korea |
60 days |
to obtain and verify information on injury, export prices and normal values |
linear low density polyethylene (LLDPE) |
Indonesia Korea Thailand |
42 days |
large volume of data collected and the complexity in verifying that data |
high density polyethylene (HDPE) |
Korea Malaysia Singapore Sweden |
42 days |
large volume of data collected and the complexity in verifying that data |
LLDPE |
Canada |
43 days |
large volume of data collected and the complexity in verifying that data |
certain silicon |
China |
30 days |
additional time for parties to provide information and access to on-site verification of data on export prices and normal values |
Investigations for new measures
Customs initiated nine investigations in response to industry applications:
- four investigations were for goods in the steel industry (certain hollow-steel section exported from China, Korea, Malaysia and Thailand later terminated)
- one for the foodstuffs category (preserved mushrooms exported from China)
- one from the chemicals sector (sodium hydrogen carbonate from China)
- one from the electrical appliances sector (domestic refrigerators from Korea later terminated)
- one from the paper sector (greyback cartonboard from Korea)
- one from the plastics sector (LLDPE from Canada later terminated).
The majority of investigations involved goods exported from Asia (three each from China and Korea and one each from Malaysia and Thailand). One investigation related to goods from Canada (see above in relation to LLDPE).
The number of applications for new measures decreased in 2004–05. China and Korea were again the source countries of greatest interest.
The investigation of certain electric resistance welded circular hollow sections exported from Korea, started in 2003–04, was terminated.
Three investigations were current at 30 June 2005 (greyback cartonboard from Korea, sodium hydrogen carbonate from China and preserved mushrooms from China).
The number of dumping investigations initiated worldwide has declined in recent years. The focus for source countries appears to also have shifted. In the 2003 calendar year, India was the world’s largest user of anti-dumping systems. In 2004, the European Union was the world’s largest user, followed by China and the US.
Australia was the eighth largest user of the anti-dumping system in 2004, although the number of investigations has also reduced over recent years.
Measures imposed (includes price undertakings accepted)
The Minister imposed new anti-dumping measures on certain silicon exported from China.
Information about current investigations, goods subject to measures and countries investigated is publicly available in the monthly status report published on the Customs Internet site (anti-dumping).
Reviews of existing measures
Any affected party may apply for a review of the variable factors relevant to the existing measures. Investigations may be initiated on receipt of a properly documented application.
Customs initiated reviews of existing measures in the following matters:
- LLDPE from Indonesia, Korea and Thailand
- HDPE from Korea, Malaysia, Singapore and Sweden
- certain hot dip galvanised circular hollow sections from Thailand
- certain washing machines from Korea (Minister initiated)
- Polyvinyl chloride (PVC) from Hungary, Israel, Japan, Korea, Thailand and USA.
Two investigations carried forward from 2003–04 were completed:
- certain hot rolled structural steel sections from Korea
- certain copper tube from Korea.
Customs reported to the Minister on:
- LLDPE from Indonesia, Korea and Thailand
- HDPE from Korea, Malaysia, Singapore and Sweden
- washing machines from Korea.
The Minister changed the variable factors as the basis for the taking of the measures for hot rolled structural sections exported by Korea by one exporter and copper tube exported from Korea.
Reviews on PVC exported from six countries and certain hot dipped galvanised steel pipe exported from Thailand are underway.
Measures continued
Measures remain in place for five years unless revoked earlier. Customs invites applications for a continuance of the measures at least ten months before the expiry date. Australian industry may apply to have Customs conduct an inquiry for the Minister for Justice and Customs on whether measures should be continued beyond the five-year period.
Continuation inquiries are only initiated on the receipt of a properly documented application from Australian industry.
Five anti-dumping measures were due to expire in 2004–05 and Customs initiated four new continuation inquiries.
In the cases of certain galvanised steel pipe exported from Thailand and PVC homopolymer resin exported from Hungary and Korea, the Minister decided to continue measures.
The Minister decided not to continue the anti-dumping measures applying to bulk brandy exported from France.
In the case of PVC bottle compound exported from Singapore, the measures expired following rejection of an application for continuation of the measures.
In the case of LLDPE from Indonesia, although a continuation inquiry was initiated, anti-dumping measures were not due to expire until 2005–06.