Panasia Aluminium (China) Limited v Attorney-General of the Commonwealth [2013] FCA 870

FEDERAL COURT OF AUSTRALIA

Panasia Aluminium (China) Limited v Attorney-General of the Commonwealth [2013] FCA 870 Citation: Panasia Aluminium (China) Limited v Attorney-General of the Commonwealth [2013] FCA 870

Parties: PANASIA ALUMINIUM (CHINA) LIMITED and OPAL (MACAO COMMERCIAL OFFSHORE) LIMITED v ATTORNEY-GENERAL OF THE COMMONWEALTH and CAPRAL LIMITED (INTERVENER)

File number: NSD 1653 of 2011

Parties: TAI SHAN CITY KAM KIU ALUMINIUM EXTRUSION CO LIMITED and KAM KIU ALUMINIUM PRODUCTS SDN BHD and KAM KIU (AUSTRALIA) PTY LIMITED v ATTORNEY-GENERAL OF THE COMMONWEALTH and TRADE MEASURES REVIEW OFFICER and CHIEF EXECUTIVE OFFICER OF THE AUSTRALIAN CUSTOMS AND BORDER PROTECTION SERVICE and CAPRAL LIMITED (INTERVENER)

File number: NSD 1869 of 2011

Judge: NICHOLAS J

Date of judgment: 30 August 2013

Catchwords: ADMINISTRATIVE LAW – Part XVB Customs Act 1901 (Cth) (Act) – anti-dumping measures – countervailable subsidy – aluminium extrusions exported from China to Australia by State-owned suppliers – whether supplier "public body" within the meaning of that term as used in definition of "subsidy" – consideration of Agreement on Subsidies and Countervailing Measures (SCM Agreement) – whether decision-maker misinterpreted or misapplied definition of "public body" as used in Act – whether decision-maker misinterpreted or misapplied World Trade Organization (WTO) Appellate Body jurisprudence on meaning of "public body" in SCM Agreement. ADMINISTRATIVE LAW – Part XVB of Act – anti-dumping measures – where goods under consideration (GUC) consist of range of aluminium extrusions having different finishes – where decision-maker makes declarations pursuant to subss 269TG(1) and (2) and subss 269TJ(1) and (2) in respect of GUC – whether open to decision-maker to specify different variable factors in respect of different types of GUC pursuant to subs 269TG(3) and subs 269TJ(11) – consideration of statutory scheme in relation to determination of dumping margins – applicability of subs 33(3A) of Acts Interpretation Act 1901 (Cth) to ss 269TG and 269TJ – imposition of anti-dumping measures on consolidated or differentiated basis – whether imposition on differentiated basis permissible – relevance of WTO agreements – General Agreement on Tariffs and Trade 1994 – Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 – consideration of WTO Appellate Body jurisprudence on "zeroing". ADMINISTRATIVE LAW – Part XVB of Act – public notices published pursuant to subss 269ZZI(2) and 269ZZL(2)(b) – consequences of non-compliance with subss 269ZZI(2) or 269ZZL(2)(b) – whether any review by TMRO or reinvestigation by CEO or subsequent decision by Minister under s 269ZZM liable to be set aside due to such non-compliance – whether non-compliance gave rise to denial of procedural fairness. ADMINISTRATIVE LAW – Part XVB of Act – words and phrases – normal value – export price – non-injurious price – dumping margin – like goods – competitive market costs – for less than adequate remuneration.