INVESTIGATION PROGRESS

Date Status
24 Mar 2011 Initiation

IMPLEMENTATION LEVEL

National

AFFECTED FLOW

Inflow

ANNOUNCED AS TEMPORARY

No

NON-TRADE-RELATED RATIONALE

No

ELIGIBLE FIRMS

all

JUMBO

No

TARIFF PEAK

No
← back to the state act
Inception date: 14 Oct 2011 | Removal date: 12 Jan 2014
Still in force

Anti-dumping

On April 15, 2011, the Australian Customs and Border Protection Service initiated an anti-dumping investigation on imports of prepared or preserved pineapple in syrup or juice in container sizes more than one litre (described as fruit food service and industrial (FSI)) and in container sizes not exceeding 1 litre (described as fruit consumer) from Indonesia and on imports of pineapple fruit consumer from Thailand when exported by the Thai Pineapple Canning Industry Corporation Ltd. (Australian Customs Dumping Notice No. 2011/15).
Imports in Australia of pineapple fruit consumer from Thailand are already subject to an anti-dumping duty (see measure 7335) but the Thai Pineapple Canning Industry Corporation Ltd. is exempted from this duty after a decision taken on April 4, 2008 by the Federal Court.
The products subject to investigation are classified under the following HS code: 2008.2000.
The complaint was lodged on March 24, 2011 by Golden Circle Limited, the sole domestic producer of the goods subject to investigation.
On August 3, 2011, the Australian Customs and Border Protection Service issued the Statement of Essential Facts concerning exports of FSI pineapple originating in Indonesia (SEF Report No. 173a) and the Statement of Essential Facts concerning exports of consumer pineapple originating in Indonesia and in Thailand (as far as the Thai Pineapple Canning Industry Corporation Ltd. is concerned) (SEF Report No. 173b).
On September 7, 2011, the Australian Customs and Border Protection Service decided to terminate the investigation on imports of consumer pineapple from Indonesia without imposing a duty after having come to the conclusion that those goods have not been dumped (Australian Customs Dumping Notice No. 2011/39).
On the same day, the Australian Customs and Border Protection Service also decided to terminate the investigation on imports of FSI pineapple from Indonesia without imposing a duty after having come to the conclusion that even if some of the goods have been dumped, the level of dumping was negligible (Australian Customs Dumping Notice No. 2011/38).
On September 27, 2011, the Australian Customs and Border Protection Service issued the Report to the Minister concerning imports of consumer pineapple originating in Thailand as far as the Thai Pineapple Canning Industry Corporation Ltd. is concerned (Report to the Minister No. 173b). It came to the conclusion that those imports have been dumped and caused material injury to the domestic industry; hence, it recommended that the Minister imposes an anti-dumping duty.
On October 14, 2011, the Australian Customs and Border Protection Service announced that the Minister for Home Affairs decided to follow the recommendation and imposed a definitive anti-dumping duty on imports of consumer pineapple originating in Thailand and produced by the Thai Pineapple Canning Industry Corporation Ltd. (Australian Customs Dumping Notice No. 2011/49). The rate of the duty is 29%.
 
On December 3, 2012, Siam Agro-Food Industry Public Company Limited, a wholly owned subsidiary of Thai Pineapple Canning Industry Corporation Ltd. and an exporter of consumer pineapple, lodged an application requesting both a review of the variable factors (export price and normal value) and a revocation review of the anti-dumping measures applying to consumer pineapple exported to Australia from Thailand by Thai Pineapple Canning Industry Corporation Ltd.
Following this request, on December 19, 2012, the Australian Customs and Border Protection Service initiated a review of the anti-dumping duty imposed on October 14, 2011 (Australian Customs Dumping Notice No. 2012/64).
On January 29, 2013, the Australian Customs and Border Protection Service extended the review to all exporters after the Minister for Home Affairs requested it (Australian Customs Dumping Notice No. 2013/10).
On March 26, 2013, the Australian Customs and Border Protection Service extended the time granted to issue the Statement of Essential Facts (Australian Customs Dumping Notice No. 2013/23).
On May 8, 2013, the Australian Customs and Border Protection Service issued the Statement of Essential Facts concerning the review of variable factors (SEF Report No. 195a) and the Statement of Essential Facts concerning the revocation review (SEF Report No. 195b).
On June 24, 2013, the Australian Customs and Border Protection Service issued the Report to the Minister concerning the review of variable factors (Report to the Minister No. 195a). It recommended that the Minister re-ascertains the export prices, normal values and non-injurious prices as set out by the Service (confidential information).
On the same day, the Australian Customs and Border Protection Service issued the Report to the Minister concerning the revocation review (Report to the Minister No. 195b). It recommended that the Minister declares that the anti-dumping duty applying to exports of consumer pineapple to Australia from Thailand by Thai Pineapple Canning Industry Corporation Ltd. remains warranted and hence unaltered.
On July 26, 2013, the Australian Anti-Dumping Commission announced that the Minister for Home Affairs decided to follow all its recommendations issued on June 24, 2013 (Anti-Dumping Notice No. 2013/62).
 
After Siam Agro-Food Industry Public Company Limited lodged an application for a review of the decision taken on July 26, 2013 by the Minister for Home Affairs, the Anti-Dumping Review Panel initiated a review on August 31, 2013 (Notice under section 269ZZI of the Customs Act 1901, Food Service and Industrial Pineapple and Consumer Pineapple Exported from the Kingdom of Thailand).
On December 6, 2013, the Anti-Dumping Commission submitted its reinvestigation report to the Anti-Dumping Review Panel (Report to the ADRP No. 232).
On December 20, 2013, the Anti-Dumping Review Panel issued its Report to the Minister (Report of the Anti-Dumping Review Panel, Review of a Ministerial Decision as it relates to Consumer Pineapple exported from the Kingdom of Thailand). It recommended that the Minister revokes the reviewable decision as far as it relates to continuing anti-dumping measures for Thai consumer pineapple.
On January 14, 2014, the Australian Minister for Industry announced that he accepted the recommendations of the Anti-Dumping Review Panel (Notice under section 269ZZM (4) of the Customs Act 1901, Consumer Pineapple Exported from Thailand By Thai Pineapple Canning Industry Corp Ltd.). Hence, he revoked the anti-dumping duty applicable to consumer pineapple exported to Australia from Thailand by Thai Pineapple Canning Industry Corporation Ltd.

AFFECTED COUNTRIES

MAP
TABLE
EXPORT

AFFECTED SECTORS AND PRODUCTS

214 Prepared & preserved fruits & nuts
2008 Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included.
200820 Pineapples

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