Hollow structural sections from China, Korea, Malaysia, Taiwan
This case is a reinvestigation of certain findings made in International Trade Remedies Report No. 177. The reinvestigation was requested by the Minister for Home Affairs following a report by the Trade Measures Review Officer (TMRO).
A report of the reinvestigation must be provided to the Minister by 14 April 2013.
Findings to be reinvestigated
In relation to the decision to publish a dumping duty notice:
the finding that there was a particular situation in the Chinese iron and steel market such that sales in that market were not suitable for use in determining a normal value under s 269TAC(1) of the Customs Act 1901 (the Act);
the calculation of the benchmark used to construct a normal value for Chinese HSS producers under s 269TAC(2)(c) of the Act;
the calculation of the export price, and, if necessary the dumping margin, for Alpine and all other relevant exporters such as those from whom Stemcor imports HSS; and
the calculation of the dumping margin for 'selected non-cooperating exporters'.
In relation to the decision to publish a countervailing duty notice:
the finding that State-invested enterprises providing hot rolled coil steel to HSS producers under Program 20 are 'public bodies'; and
the finding that hot rolled coil supplied under Program 20 was provided for less than adequate remuneration.
Procedures for the reinvestigation
The officers conducting the reinvestigation will not be those who undertook the original investigation.
The reinvestigation must be conducted in accordance with the Minister’s requirements and, as such, must only have regard to the information and conclusions to which the TMRO was permitted to have regard.
No new information or conclusions may be considered in a reinvestigation. All relevant information is available to interested parties through the public record of the original investigation maintained by Customs and Border Protection and the public record of the review maintained by the TMRO.
There is no legislative requirement to publish a statement of essential facts (SEF) in a reinvestigation. As such, Customs and Border Protection will not publish a SEF prior to reporting the results of the reinvestigation to the Minister.