Expo-Trade Pty Ltd v Minister of State for Justice & Customs [2003] FCA 1421

FEDERAL COURT OF AUSTRALIA

Expo-Trade Pty Ltd v Minister of State for Justice & Customs [2003] FCA 1421 CUSTOMS AND EXCISE– anti-dumping – application for review of recommendation of Chief Executive Officer of Customs – application for review of decision of Minister of State for Justice and Customs – where decision was to publish a dumping notice in respect of ammonium nitrate exported to Australia – whether Estonia or Russia was the country of export – country of origin – where no domestic market in alleged country of export – whether ammonium nitrate subject to government price control – whether Minister prevented from considering price of inputs in determining whether a price control situation exists – calculation of "non-injurious price" – relevance of "end-user" or "end user" in determining the unsuppressed selling price – relevance of "level of trade" – relevance of volume. ADMINISTRATIVE LAW – natural justice – where there is a departure from an earlier stated method of calculation in a customs manual – where applicant denied opportunity to make submissions about method of calculation used. WORDS AND PHRASES – 'country of export', 'exporter' Customs Act 1901(Cth) ss 269T, 269TAC, 269TACA, 269TACB, 269TG Customs Tariff (Anti-Dumping) Act 1975 (Cth) s 8 Century Metals and Mining NL v Yeomans (1989) 40 FCR 564 cited Companhia Votorantim de Cellulose e Papel v Anti-Dumping Authority (1996) 42 ALD 7 referred to Companhia Votorantum de Celulose e Papel v Anti-Dumping Authority (1996) 71 FCR 80 referred to GTE (Aust) Pty Ltd v Brown (1986) 14 FCR 309 cited Haoucher v Minister for Immigration & Ethnic Affairs (1990) 169 CLR 648 cited Minister for Immigration, Local Government and Ethnic Affairs v Gray (1994) 50 FCR 189 cited Nordland Papier AG v Anti‑Dumping Authority(1999) 93 FCR 454 referred to Pilkington (Australia) Ltd v Minister of State for Justice and Customs (2002) 71 ALD 301 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 195 ALR 502 cited Saraswati v The Queen (1991) 172 CLR 1 cited EXPO-TRADE PTY LTD v MINISTER OF STATE FOR JUSTICE & CUSTOMS & CHIEF EXECUTIVE OFFICER OF CUSTOMS N 1256 of 2002