Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dalian Steelforce Hi-Tech Co Ltd v Minister for Home Affairs [2015] FCA 885 Citation: Dalian Steelforce Hi-Tech Co Ltd v Minister for Home Affairs [2015] FCA 885
Parties: DALIAN STEELFORCE HI-TECH CO LTD and STEELFORCE TRADING PTY LTD (ACN 110 146 515) v MINISTER FOR HOME AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA and CHIEF EXECUTIVE OFFICER AUSTRALIAN CUSTOMS AND BORDER PROTECTION SERVICE
File number: NSD 1074 of 2012
Judge: NICHOLAS J
Date of judgment: 21 August 2015
Catchwords: ADMINISTRATIVE LAW – Part XVB of Customs Act 1901 (Cth) (the Act) – anti-dumping measures – normal value – hollow steel sections (HSS) exported from China to Australia – determination of normal value pursuant to s 269TAC(1) - whether "market situation" in Chinese HSS market within s 269TAC(2)(a) – whether decision-maker erred in determining that domestic sales not suitable for determining normal value by reason of Government of China (GOC) policies and implementation measures – approach taken to determination of normal value where market situation exists – application of reg 180(2) of Customs Regulations 1926 (Cth) - whether decision-maker erred in determining that costs incurred by HSS manufacturers not reflective of competitive market costs – whether decision-maker applied incorrect benchmark to reflect competitive market costs for purpose of constructing normal value ADMINISTRATIVE LAW – Part XVB of Act – anti-dumping measures – countervailable subsidy – whether Stated-invested enterprises (SIEs) producing raw materials used to make HSS were "public bodies" within meaning of term as used in s 269T – whether decision-maker misinterpreted or misapplied the phrase "public body" as used in s 269T – whether subsidy "specific" – whether open to decision-maker to make determination that subsidy was specific pursuant to s 269TAAC(4) – whether goods supplied for "less than adequate remuneration" – whether open to decision-maker to use external benchmark to determine adequacy of remuneration – whether open to decision-maker to use weighted average "basket" of costs incurred by various cooperating HSS exporters from other countries within region as benchmark for determining adequacy of remuneration
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