This case is a reinvestigation of certain findings made in International Trade Remedies Report No. 181. 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 16 April 2013.
Findings to be reinvestigated
In relation to the decision to publish a dumping duty notice:
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 YHI received a benefit under all countervailable subsidies identified by Customs; and
the finding that there is a countervailable subsidy of the type described as 'Program 1'.
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.