In June we published an e-alert concerning the initiation of the
investigation into the alleged dumping and subsidisation of certain
aluminium extrusions exported to Australia from the Peoples'
Republic of China ("PRC"). As referred to in ACDN
2009/38, the CEO of the Australian Customs and Border Protection
Service ("Customs") has now made the decision to release
Preliminary Affirmative Determination 148 ("PAD") in
response to the application. The release of the PAD means that
there has been a preliminary decision that there are sufficient
grounds for the dumping and countervailing Notice in respect of the
goods the subject of the application based on apparent injury to
the Australian industry caused by dumped and/or subsidised
aluminium extrusion exports from the PRC.
Provisional measures may be applied after a PAD has been made and
it is determined that such measures are necessary to prevent
further injury being caused to the Australian industry during the
investigation. In this case, the provisional measures require
Customs to collect securities in respect of any interim dumping
duty that may become payable on certain aluminium extrusions from
the PRC and entered for home consumption. Customs has calculated a
preliminary dumping margin as 18% and a provisional PRC-wide
dumping margin of 16% will apply from 6 November 2009. The
securities will be assessed as an ad-valorem duty to apply to all
effected exports from the PRC entered to Australia. Customs is yet
to assess interim Countervailing Duties.
Customs has been provided with an extension of time to issue its
Statement of Essential Facts which is now due to be issued on 1
March 2010.
These measures will provide some relief to Australian producers of
aluminium extrusions. There is a large market for the products in
Australia and Australian producers have made significant investment
in plant and equipment to produce the products here.
We acted for a company which supported the request for the
application of measures by the Australian industry.
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.
