Changshu Longte Grinding Ball Co., Ltd v Parliamentary Secretary to the Minister for Industry, Innovation and Science [2019] FCAFC 122

FEDERAL COURT OF AUSTRALIA

Changshu Longte Grinding Ball Co., Ltd v Parliamentary Secretary to the Minister for Industry, Innovation and Science [2019] FCAFC 122 Appeal from: Changshu Longte Grinding Ball Co., Ltd v Parliamentary Secretary to the Minister for Industry, Innovation and Science (No 2) [2018] FCA 1135

File number: NSD 1586 of 2018

Judges: YATES, MOSHINSKY AND THAWLEY JJ

Date of judgment: 25 July 2019

Catchwords: STATUTES – Customs Act 1901 (Cth) – Part XVB– ferrous grinding balls exported from the People's Republic of China to Australia – judicial review of anti-dumping measures STATUTES – Customs (International Obligations) Regulation 2015 (Cth) – normal price of goods – ordinary course of trade – determination of profit – determination of cost of production or manufacture – determination of administrative, selling and general costs ADMINISTRATIVE LAW – whether reviewable error in substituting a higher benchmark price from Latin America to determine cost of production in the People's Republic of China but not substituting the higher benchmark price to determine the relevant profit – whether legally erroneous to calculate amount of profit by employing a profit margin expressed as a percentage – whether all of the comparative advantages and disadvantages between the respective markets were mandatory relevant considerations, irrespective of submissions made by interested parties

Legislation: Customs Act 1901 (Cth) Pt XVB, Div 1 ss 269T, 269TAAD, 269TAB, 269TAC, 269TACB, Div 2 ss 269TB(1), 269TBA, 269TC, 269TDAA, 269TEA, Div 3 ss 269TG, 269TLA, Div 9 Subdiv B ss 269ZZA, 269ZZJ, 269ZZK, 269ZZL, 269ZZM, Customs Tariff (Anti-Dumping) Act 1975 (Cth) s 8 Customs (International Obligations) Regulation 2015 (Cth) ss 43, 44, 45