ITR 209

​Reinvestigation ITR 209 - Hot rolled coil steel exported from Japan, Korea, Malaysia and Taiwan

This case is a reinvestigation of certain findings made in International Trade Remedies Report No. 188. The reinvestigation was requested by the Minister for Home Affairs following a report by the Trade Measures Review Officer (TMRO).

A report of the reinvestigation must be provided to the Minister by 13 June 2013.

Findings to be reinvestigated

  1. the calculation of the dumping margin for Hyundai Steel, in order to correct apparent errors in it;

  2. whether there were in fact sufficient grounds to warrant setting the measures by reference to prices other than those in the investigation period and, if so, the preferable methodology for adjustment of those prices;

  3. whether it would be preferable to structure the conditions attaching to the imposition of dumping duties on imports for the automotive industry in such a way that imports that are acknowledged by Customs and Border Protection not to be causing or likely to cause injury to BlueScope are not liable to duty under the dumping duty notice in the first instance (and only exempt if subsequently exempted under section 8(7) of the Customs Tariff (Anti-dumping) Act 1975); and

  4. why pickled and oiled HRC from countries Korea, Malaysia and Taiwan sold to and used in the automotive sector should not be treated in the same manner as Japanese imports of pickled and oiled HRC for the automotive sector.

Procedures for the reinvestigation

  • The officers conducting the reinvestigation will not be those who undertook the original investigation.

  • The reinvestigation must be conducted in accordance with the Minister’s requirements and, as such, must only have regard to the information and conclusions to which the TMRO was permitted to have regard.

  • No new information or conclusions may be considered in a reinvestigation. All relevant information is available to interested parties through the public record of the original investigation maintained by Customs and Border Protection and the public record of the review maintained by the TMRO.

  • There is no legislative requirement to publish a statement of essential facts (SEF) in a reinvestigation. As such, Customs and Border Protection will not publish a SEF prior to reporting the results of the reinvestigation to the Minister.

Further information

Report to Minister

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