Steelforce Trading Pty Ltd v Parliamentary Secretary to the Minister for Industry, Innovation and Science [2018] FCAFC 20

FEDERAL COURT OF AUSTRALIA

Steelforce Trading Pty Ltd v Parliamentary Secretary to the Minister for Industry, Innovation and Science [2018] FCAFC 20 Appeal from: Steelforce Trading Pty Ltd v Parliamentary Secretary to the Minister for Industry, Innovation and Science [2016] FCA 1309

File number: ACD 95 of 2016

Judges: PERRAM, PAGONE & BROMWICH JJ

Date of judgment: 19 February 2018

Catchwords: STATUTES – Customs Act 1901 (Cth) ('the Act') – Part XVB – special provisions relating to anti-dumping duties – hollow steel sections exported from China to Australia – review of anti-dumping measures STATUTES – Customs (International Obligations) Regulation 2015 (Cth) – ordinary course of trade – determination of cost of production or manufacture – determination of administrative, selling and general costs – normal value of goods – determination of profit ADMINISTRATIVE LAW – whether denial of procedural fairness or failure to follow procedures required by Act – whether error of law in division of domestic sales of goods under consideration into subsets – whether error of law in failure to make adequate findings of fact before dividing goods into subsets – whether error of law in failure to identify 'actual amounts realised' in determining profit from sale of goods of the same general category of goods in the domestic market of the country of export – whether error of law in using benchmark price from third countries to determine cost of production or manufacture of same general category of goods in country of export – whether error of law in failure to adjust benchmark price to reflect competitive advantages in country of export