Daon I refer to your article
http://www.smh.com.au/business/australias-biodiesel-industry-in-danger-20100706-zz3g.html
Australia's biodiesel industry in danger
Mathew Murphy
read below this should change your mind set!
Anti-Dumping action supported bv Australian Government
In reference to the AR Fuels announcement on 7th July 2010, please be advised
that as of 18th October 2010, a Preliminary Affirmative Determination and
lmposition of Securities notice has been issued by the Australian Customs and
Border Protection Service.
The notice highlights the necessity of preventing the importation and dumping of
subsidized Biodiesel from the USA so to avoid material injury to the Australian
Biodiesel industry. Full details of the affirmative determination can be found below
Australian Renewable Fuels Limited (ARF) is an Australian based manufacturer
of Australian Diesel Standard compliant biodiesel, with plants located in Picton
(WA) and Largs Bay (SA).
Australian Governmcnt
Australian Customs aud
Border hotection Servicc
Cusio?ns Act 1901 - Part XVB
Biodiesel
Exported from the United States
of America
Preli minary Atfi rmative
Determination and lmpos?t?on
of Securities
Notice under sectlon 269T0
0n 22 June 2010, lhe Chief Execul?ve Oficcr (CEo) of the Australian Customs
and Border Prolection Service (Customs ancj Eorder Protection) irritiated an
invesligat?on followirrg an applicat?on lodged by B?odiesel Producers Lim?ted, ?n
Australian b?od?escl manufaclurcr, The application requested the publication of
a dumping duly notice and a countervajling duty not ce in respect of biodiesel
exported to Australia front the Un?ted States of America (USA).
lhe goods the sul)ject of the application (the goods) are fuel manufaclured by
chemrcally altering nonJossil origin feedstocks (including rerycled materials from
these sources) through a process of transcstcri[ication and/or esterificalion to form
mono-alkyl esters (commonly known as'biodiesel') whether in pure form (B]00) or
in ? blcnd with a biod?esel percentaga ?n excess of 20 (820) exported kont the USA
ln accord?nce wilh s,269TD(4)(?) of thc Customs Act 1901 (rhe Act), l, as
delegatc of the CEo, give public not?ce that i am satisfred that there appears to be
suff?cient grounds for lhe publication of a dumping duty notice and a countervailing
duty nolice in res?ct of the goods exported to Austr?l?a lrom thc USA A
prcliminary affirrnalive dcterminat?on has been made to lhat effect.
I also give publ?c not?ce, in accordance with s,269TD(5) ofthe Act, lhat the officer
of Customs and Border Protection tak?ng socurities is satisfied that it is necessary
lo require and lake securities to preven( material injury to lhe Auslralian induslry
occuning while the invcstigation continues.
Customs and Border Protection wil? require and takc sccurilics under s 42 of
the Act in respect of any inter?m dumping duty that may become payable in
respect of the goods from lhe USA entered for home consunlplion on or aner
l8 October 2010 Provisional couniervailing duties a?e not required at th?s stage,
Customs and Border Protect?on compared a norrnal value calculated having regarrJ
to all relevant ?nfo?mation v/ith a weighted average export price for lhe sh?pments
exporled to Australia from the USA during the investigation period and calculaled a
prelim?nary dumping nrargin of 40%. Customs and Border Protection then applied
the lesser duty provision and catculatcd a USA-w?de provtsional dumping duty rale.
ln rcach?nB this prel?m?nary decision, I am satisf?ed that the dumped and
subsidised goods appear to h?ve caused mater?al inJUry to lhe Australian inriustry
producing like g?ds. The considerations relevant to my determination of material
?njury to the Austr?l?an industry caused by dumping and subsidis?lion ?re the
size of the dump?ng and subsidy margins, the level of pr?ce undercutting by the
dumped and subsidised imports, and the consequent impact on the Australian
industry jncluding loss of sales volume, loss of market share ?nd rerjuced profits
and profitability,
A prelimina?y amrmalive determination report (PAD 163) was placed on the public
record on 18 October 2010.
Australian Customs Dumping Not?ce (ACDN) No. 2010/38 concerning this matter,
and PAD 163, Wh?ch sets out reasons for the determination including the material
findings of facl or law upon which this determination is based, are ?vailable onl?ne
at www,customs,gov.au
The CEO is due to repoft 10 the Min?ster lor Home Affairs (the M jnister) rvith
recommendalions on or before 22 December 2010. The ir4inistcr will thcn
dec?do whcther to publish a dumping duty not?ce and, if relevant, lhe level of the
measures to bc imposed. Depending on the Minister's dec?sion, any secur?ties
laken may be converted to interim dumping dutyof acquitted
Enquiries coflcerning this nottce n?ay be directed to the case rnanager on lelephone number
(O2) 6275 6544, tax number (OZ) 6275 6990 or email [email protected]
M?chael Kenna
A,/g Director, Operal?ons 3
Trade l\4easurcs Branch
CANBERRA ACT
1B October 2010
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