Review of termination decision - Clear Laminated Safety Glass from China and Indonesia -

12 January 2007 

06/20665

  1. On 13 December 2006, Pilkington (Australia) Ltd (Pilkington) made an application for review of the decision of the Chief Executive Officer (CEO) of the Australian Customs Service (Customs) to terminate an investigation into imports to Australia of clear laminated safety glass (CLSG) from China and Indonesia. This termination decision followed an earlier determination that the investigation should be terminated in relation to particular exporters from those countries on the basis that the companies concerned were not exporting the product at dumped prices. The earlier termination decision was also the subject of an application for review to me by Pilkington on 10 November 2006. I affirmed the CEO’s earlier termination decision on 4 January 2007.
  2. The current application from Pilkington is confined to one point relating to determination of normal value. Pilkington claims that there are significant sales of CLSG in the domestic market in both China and Indonesia and accordingly, Customs should have determined normal value in accordance with subsection 269TAC(1) of the Customs Act 1901 (the Act), rather than using constructed normal values as it did in relation to exporters from those countries. Customs used constructed normal values on the basis that domestic sales were generally of a low volume, being less than 5% of sales of the relevant goods, and that a proper comparison could not be made for the purpose of assessing a dumping margin, in terms of subsection 269TAC(14) of the Act.
  3. In support of their application, Pilkington presented a brief report dated December 2006 by an organization called ISS International Pty Ltd based in Sydney. This report purports to show that there are considerably more domestic sales of CLSG than Customs identified during its visits to exporters in China and Indonesia.
  4. I consider the report to be of no evidentiary value for a number of reasons. First, the report does not specify who ISS International Pty Ltd is, or what credentials or expertise it has in relation to examination of export and domestic markets in China and Indonesia. The report does not identify who gathered the information or what methods were used. There is no verification of any of the information. There is no evidence that the persons who supposedly provided the information to ISS International were in the position to provide accurate and reliable information about the relevant issues. Nor is there any documentary evidence in support of any of the assertions made in the report. Contrary to Pilkington’s submission, the report does not demonstrate that CLSG is sold in considerable quantities in China and Indonesia by manufacturers who export it to Australia. In fact the report doesn’t really demonstrate anything at all, for the reasons I have just mentioned.
  5. In my opinion, the application discloses no reasonable basis for calling into question any of Customs conclusions. The decision of the CEO to terminate the investigation is affirmed.

Mark A Zanker
Trade Measures Review Officer

Telephone: 02 62506647
Facsimile: 02 62505931

E-mail: mark.zanker@ag.gov.au  

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Review of Termination Decision - Clear Laminated Safety Glass from China and Indonesia - 12 January 2007