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									                       Commonwealth
                       of Australia
    No. S201, Monday, 13 November 2006
                                                                    Gazette
                                                                                              SPECIAL
    Published by the Commonwealth of Australia
.




                          Food Service and Industrial Pineapple
                                       The Philippines
                       Finding in relation to a dumping investigation
                       Public Notice under section 269TG(1) and (2) of the Customs Act 1901
On 10 October 2006 I, CHRISTOPHER MARTIN ELLISON, Minister for Justice and Customs gave public
notice of my decisions to declare (under ss.269TG(1) and 269TG(2) of the Customs Act 1901) that s.8 of
the Customs Tariff (Anti-Dumping) Act 1975 applies to pineapple prepared or preserved in containers
exceeding one litre (food service and industrial (FSI) pineapple) (the goods) and like goods exported to
Australia from the People’s Republic of China (China) and the Philippines.
This decision was based on Trade Measures Report No.112 and confidential attachments. It has since
been bought to my attention that certain details contained in the confidential attachments to that Report,
and because of this the instruments signed by me, contained errors in relation to the goods exported to
Australia from the Philippines. Accordingly, I am treating my decision to declare that s.8 of the Customs
Tariff (Anti-Dumping) Act 1975 applies to the goods and like goods exported to Australia from the
Philippines as invalid and of no effect. In its place, I make the following declarations.
I have considered Trade Measures Report No. 112 and corrected confidential attachments to that
Report. I have accepted the recommendations, the reasons for the recommendations and the material
findings of fact on which the recommendations are based as set out in Trade Measures Report No.112.
The factors relevant to my determination of material injury to an industry are the size of the dumping
margins, the quantity of goods exported from the country under investigation, the effect of dumped
imports on prices in the Australian market and the consequent impact on the Australian industry.
Under s.269TG(1) of the Customs Act 1901, I DECLARE that s. 8 of the Customs Tariff (Anti-Dumping)
Act 1975 applies to:
             the goods, to the extent permitted by s.269TN of the Customs Act 1901, exported from the
              Philippines to Australia; and
             like goods that were exported from the Philippines to Australia after 11 August 2006 but before
              publication of this notice, to the extent permitted by s.269TN of the Customs Act 1901.
Under s.269TG(2) of the Customs Act 1901, I also DECLARE that s. 8 of the Customs Tariff (Anti-
Dumping) Act 1975 applies to like goods that are exported from the Philippines to Australia after the date
of publication of this notice.
This declaration applies in relation to all exporters of the goods and like goods from the Philippines.
Interested parties may request a review of this decision by lodging an application for review with the
Trade Measures Review Officer in the approved form and manner within 30 days of the publication of
this notice. The legislation relating to the review of ministerial decisions is set out in s. 269ZZA of the Act.

Export prices, non-injurious prices, normal values and dumping margins will not be published in this
notice as they may reveal confidential information. The method used to compare export prices and
Cat. No. S20106
ISSN 1032-2345
 Commonwealth of Australia, 2013
2    Special Gazette                                                   Commonwealth of Australia Gazette
                                                                           No. S201, 13 November 2006

normal values to establish dumping margins is a comparison of the weighted average export price with
the weighted average normal value during the investigation period.
Trade Measures Report No. 112 should be read in conjunction with this notice.

Enquiries about this notice may be directed to the case manager on telephone number (02) 6275 6637
and facsimile number (02) 6275 6888 or by email to tmops1@customs.gov.au.
                 th
Dated this      7 day of       November         2006

CHRISTOPHER MARTIN ELLISON
Minister for Justice and Customs
Commonwealth of Australia Gazette                                                         Special Gazette     3
No. S201, 13 November 2006




                                  Customs Tariff (Anti Dumping) Act 1975

                       Food Service and Industrial Pineapple

                                         The Philippines

                                     Notice Pursuant to section 8(5)


I, CHRISTOPHER MARTIN ELLISON, Minister for Justice and Customs, pursuant to subsection 8(5) of
the Customs Tariff (Anti Dumping) Act 1975, DIRECT that the element of interim dumping duty referred
to in paragraph (4)(a) in respect of pineapple prepared or preserved in containers exceeding one litre
(food service and industrial pineapple) exported from the Philippines to Australia be ascertained by
reference to a measure of the quantity of those particular goods.

Pursuant to subsection 8(5A) of the Customs Tariff (Anti Dumping) Act 1975, I have had regard to the
desirability of fixing a lesser amount of duty. If the non-injurious price of goods of that kind as ascertained
or last ascertained for the purposes of the dumping duty notice is less than the normal value of goods of
that kind as so ascertained, or last so ascertained, a lesser amount of interim dumping duty is fixed such
that the sum of:

        (i)     the export price of goods of that kind as so ascertained, or last so ascertained, and
        (ii)    that lesser duty,

        does not exceed that non-injurious price.

This notice applies to pineapple prepared or preserved in containers exceeding one litre and like goods
entered for home consumption on and after 11 August 2006.

                  th
Dated this       7       day of           November                  2006


CHRISTOPHER MARTIN ELLISON
Minister for Justice and Customs

								
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