Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Al Abdullatif Industrial Group Co Ltd v Minister for Justice & Customs [2000] FCA 758 CUSTOMS – dumping – whether there was failure to take into account relevant considerations – whether it was appropriate for the Minister to obtain advice from ACS – extent of duty to enquire Customs Act 1901 (Cth) ss 269TAC(8), 269TACB, 269TB, 269TDAA, 269TEA, 269TG(1) and (2), 269ZZL, 269ZZK(1) Customs Tariff (Anti-Dumping) Act 1975 (Cth) s 8 GTE (Aust) Pty Ltd v Brown (1986) 14 FCR 309, distinguished Enichem Anic Srl v Anti-Dumping Authority (1992) 39 FCR 458, referred to Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24, referred to AL ABDULLATIF INDUSTRIAL GROUP CO LTD v MINISTER FOR JUSTICE & CUSTOMS N 981 of 1999
O'CONNOR J 23 JUNE 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 981 OF 1999
BETWEEN: AL ABDULLATIF INDUSTRIAL GROUP CO LTD
Applicant
AND: MINISTER FOR JUSTICE & CUSTOMS
First Respondent
CHIEF EXECUTIVE OFFICER, AUSTRALIAN CUSTOMS SERVICE
Second Respondent
JUDGE: O'CONNOR J
DATE OF ORDER: 23 JUNE 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application in relation to the three decisions is dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 981 OF 1999
BETWEEN: AL ABDULLATIF INDUSTRIAL GROUP CO LTD
Applicant
AND: MINISTER FOR JUSTICE & CUSTOMS
First Respondent
CHIEF EXECUTIVE OFFICER, AUSTRALIAN CUSTOMS SERVICE
Second Respondent
JUDGE: O'CONNOR J
DATE: 23 JUNE 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 The applicant Al Abdullatif Industrial Group Co Ltd ("Abdullatif") manufactures, in Saudi Arabia, and exports to Australia, a product known as woven polypropylene, which is a carpet backing fabric ("the goods") which are used, after sale in Australia, in the manufacture of tufted carpets. 2 On 18 December 1998 the second respondent, who is the Chief Executive Officer of the Australian Customs Service ("ACS"), reported to the Minister (the first respondent) pursuant to s 269TEA of the Customs Act 1901 (Cth) ("the Act"). This report recommended that the Minister be satisfied that some of Abdullatif's exports to Australia were at export prices less than their normal value, called dumping, and the consequence was that this was causing material injury to Amoco Chemicals Pty Limited. 3 The report recommended that the Minister take action under ss 269TG(1) and (2) of the Act to prevent this dumping. 4 On 12 January 1999 the Minister accepted these recommendations and made a declaration that s 8 of the Customs Tariff (Anti-Dumping) Act 1975 (Cth) applied to these goods exported to Australia from Saudi Arabia. 5 On 17 February 1999 Abdullatif applied to the Trade Measures Review Officer ("TMRO") for review of the decision of the Minister which was available under Subdivision B of Division 9 of part XVB of the Act. 6 On 6 May 1999 the TMRO reported to the Minister pursuant to s 269ZZK(1) of the Act, and recommended that the Minister direct the CEO to reinvestigate certain findings that had been the basis of the Minister's decision. 7 On 19 August 1999 the Minister decided not to accept this recommendation and affirmed her previous decision under s 269ZZL(1). However, before affirming this decision the Minister sought and received comments on the report of the TMRO from the second respondent.
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