Within the last week, the Australian Minister for Home Affairs
("Minister") has issued directions to
the Australian Customs and Border Protection Service
("Customs") to reinvestigate certain
findings in relation to earlier investigations and measures applied
to imports of aluminium road wheels
("ARW") and hollow steel sections
The Ministerial directions followed extensive and detailed
applications for reinvestigation by interested parties and lengthy
and complex reports by the Trade Measures Review Officer
Importantly, the aspects to be subject of reinvestigations
include fundamental concepts such as:
whether there is a "particular market situation" in
the PRC iron and steel market which would require the use of
"constructed" normal values rather than the use of normal
values based on PRC prices;
the manner in which "normal values" of exporters were
where an exporter can properly be treated as a
"non-cooperating exporter" who would be subject to
measures calculated according to Customs own calculations rather
than their own normal values and export prices; and
the approach to certain PRC "programs" considered to
be subsidies to support the imposition of countervailing duties
including the interpretation of a significant WTO appeal
We are already working with clients in relation to the
reinvestigations and would be pleased to assist other parties
wishing to also make submissions.
In addition to the reinvestigations, affected parties may wish
to consider whether the TMRO reports and the associated Ministerial
directions would support legal review by the Federal Court on other
grounds pursuant to the Administrative Decisions and Judicial
Review Act 1977.
The TMRO reports and the Ministerial directions also have a
potential significant impact on current investigations being
conducted by Customs at the instigation of BlueScope Steel in
relation to alleged dumping and subsidisation of galvanised steel
The applications for those investigations and the decision by
Customs to proceed with those investigations relied substantially
on the earlier findings by Customs and the Minister in the HSS
investigation. The findings of the TMRO and the Ministerial
direction in relation to the ARW investigation are also relevant.
Accordingly, those findings must create some significant problems
for Customs in its approach to the galvanised steel investigations.
Again, we are involved with those investigations and we would be
pleased to assist further.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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