On the 19 April 2010, the Australian Customs and Border
Protection Service ("Customs") published
a notice confirming that it had resolved to initiate an
investigation into the alleged dumping of certain clear float glass
products ("CFG") exported from the
People's Republic of China
("China"), Indonesia and Thailand. The
initiation application was lodged by CSR Viridian Limited
("Viridian") which claims to be the sole
manufacturer of the products in Australia.
The products have been identified as classified to subheading
7005.29.00 statistical codes 02 to 06 in Schedule 3 of the Customs
Tariff Act 1995, depending on nominal thickness. The goods, the
subject of the application, are CFG in nominal thickness of 3-12mm.
The rate of duty for the goods from China and Indonesia is 4 per
cent and from Thailand is free.
Viridian alleges that the products exported from China,
Indonesia and Thailand to Australia at prices below their normal
values and have caused material injury to the Australian industry
(a) lost market sales volume;
(b) lost market share;
(c) price undercutting;
(d) prices suppression;
(e) price depression;
(f) reduced profits and profitability; and
(g) reduced return on investment.
In its Consideration Report No. 159, Customs notes that none of
the three Tariff Concession Orders linked to tariff classification
7005.29.00 are applicable to the CFG products subject to this
application. Customs is of the view that the goods must be
transparent, flat and rectangle or square in shape and further is
of the view that glass with the following characteristics falls
outside the description of the goods affected by the
(a) coating, colour, tint or opaqueness;
(b) absorbent, reflective or non-reflective layer;
(d) bent, edge-worked, engraved, drilled, enamelled or otherwise
(e) framed or fitted with other materials;
(f) toughened (tempered), annealed or laminated;
(g) acid etched; and
(h) low iron.
The notice released by Customs invites interested parties to
provide submission concerning the application before close of
business on 31 May 2010.
As many of you will be aware, we have extensive experience in
acting in anti-dumping measures, whether for Australian industry in
the initiation of measures or acting for overseas exporters and
Australian importers of goods, the subject of such anti-dumping or
countervailing action. As always, we will be pleased to assist
parties in relation to this important investigation.
For further information please contact Andrew Hudson.
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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PNG has domestic arbitration legislation, but does not provide for the enforcement of foreign arbitral awards.
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