The Anti-Dumping Commission (“ADC”) has completed its inquiry into the alleged anti-circumvention activity of five importers (“Importers”) of aluminium extrusions exported by Pan Asia (“Goods”), which have allegedly avoided the intended effect of the duty imposed on certain aluminium extrusions imported from China.

The findings set out in the ADC’s Final Report (“Report”), include that:

  • goods subject to dumping and countervailing duties were exported to Australia from a country to which the notice applied; and
  • the Importers sold the Goods in Australia without increasing the price commensurate with the amount of the duty payable under the Dumping Duty Act (by way of selling the goods at a loss).

As a result of these findings, the Anti-Dumping Commissioner (“Commissioner”) has made recommendations that the Minister:

  • determine that the Importers have engaged in anti-circumvention activity, within the meaning of subsection 269ZDBB(5A) of the Customs Act 1901 (“Act”);
  • increase the effective rate of combined interim duty from 10.1% to 57.6%, for all exports of the Goods by Pan Asia to the Importers, to be applied retrospectively from 14 April 2014; and
  • increase the effective rate of combined interim duty from 10.1% to 57.6% for all exports of the Goods exported by Pan Asia from 19 February 2015.

This is the first of such investigations to have taken place and we anticipate that further investigations in relation to anti-circumvention activities are likely to follow.

As always we would be happy to assist with any queries in relation to this new anti-circumvention provision under the Act relating to avoiding the intended effect of the duty, or any other matters relating to dumping and countervailing measures.