Mullins Wheels Pty Ltd v Minister for Customs & Consumer Affairs [1999] FCA 1232

FEDERAL COURT OF AUSTRALIA

Mullins Wheels Pty Ltd v Minister for Customs & Consumer Affairs [1999] FCA 1232

CUSTOMS ) ANTI-DUMPING ) - meaning of "the cost of production or manufacture of the goods" in s 269TAC(2)(c) of the Customs Act – whether account had to be taken, as a "negative cost", of a rebate payable only on export – discussion of assessment of "normal values" and context of s 269TAC as involving "a consistent pattern of provisions" – conclusion that the statutory expression "cost of production or manufacture" refers to costs inherent in the operation of production or manufacture, without regard to rebates that are attributable to export – whether, if the rebate were taken into account, sub.(9) would require an adjustment to ensure the normal value was properly comparable to the export price – discussion of the European view of the law as an aid to the construction of the Australian provisions based on the same treaties – "material injury" – discussion of finding of a causal link between dumping and material injury as a practical exercise, to be undertaken in a common sense way, taking account of the purpose of the finding and the legal principle involved – concern of judicial review, not with legal niceties, but with whether the decision was infected in substance with an error of law. Customs Act 1901 (Cwth), ss 269TAC, 269TG Customs Tariff (Anti-Dumping) Act 1975 (Cwth) Anti-Dumping Authority Act 1988, ss 7, 11 GTE (Aust) Pty Ltd v Brown (1986) 14 FCR 309 applied Enichem Anic Srl v Anti-Dumping Authority (1992) 39 FCR 458 applied Metal Manufacturers Limited v The Comptroller-General of Customs (Moore J, unreported, 13 April 1995) followed Canon Inc. v Council of the European Communities [1988] ECR 5731 referred to ICI Australia Operations Pty Ltd v Fraser (1992) 34 FCR 564 applied Minister for Small Business, Construction and Customs v La Doria Diodata Ferraiolli SPA (1994) 33 ALD 35 applied Fitzgerald v Penn (1954) 91 CLR 268 applied Chappel v Hart (1998) 156 ALR 517 applied March v E & M H Stramare Pty Ltd (1991) 171 CLR 506 referred to Environment Agency (formerly National Rivers Authority) v Empress Car Co (Abertillery) Ltd [1998] 2 WLR 350 referred to Baxter Healthcare Pty Limited v Comptroller-General of Customs (1997) 72 FCR 467 referred to D & R Henderson (Mfg) Pty Ltd v Collector of Customs for the State of New South Wales (1974) 48 ALJR 132 at 135 applied Commonwealth v Human Rights and Equal Opportunity Commission (1998) 76 FCR 513 applied Nordland Papier AG v Anti-Dumping Authority [1999] FCA 10 applied