INVESTIGATION PROGRESS

Date Status
14 Apr 2014 Definitive duty
01 Nov 2013 Preliminary duty

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: 01 Nov 2013 | Removal date: open ended
Still in force

Anti-dumping

On July 10, 2013 the Commissioner of the Australian Anti-Dumping Commission initiated an anti-dumping investigation on imports of tomatoes, whether peeled or unpeeled, prepared or preserved otherwise than by vinegar or acetic acid, either whole or in pieces (including diced, chopped or crushed), with or without other ingredients (including vegetables, herbs or spices), in packs not exceeding 1.14 litres in volume, from Italy (Anti-dumping Notice No. 2013/59, 10.07.2013).
The products subject to investigation are classified under the following HS code: 2002.1000.
The complaint was lodged on June 17, 2013 by SPC Ardmona Operations Ltd.

On November 1, 2013, the Australian authorities decided to impose a provisional anti-dumping duty on the products under investigation (Anti-dumping Notice No. 2013/85, 01.11.2013).
The rate of the duty ranges from 6.50% to 8.62%, depending on the Italian exporter. The Italian exporters La Doria S.p.A. and Conserve Italia Soc. Coop Agr. are exempted from this duty since their dumping margin is regarded as negligible by the Australian authorities.

On March 20, 2014, the Australian authorities decided to terminate the investigation so far as it relates to the exporting companies La Doria S.p.A. and Feger di Gerardo Ferraioli S.p.A. (Anti-dumping Notice No. 2014/22, 20.03.2014). The reason is that the dumping margin for those companies is less than 2%.

On April 16, 2014 the Australian authorities decided to impose a definitive anti-dumping duty on the products under investigation (Anti-dumping Notice No. 2014/32, 16.04.2014).
The rate of the duty ranges from 3.25% to 26.35%, depending on the Italian exporter. Notice of the Parliamentary Secretary to the Minister for Industry's decision was published in the Commonwealth of Australia Gazette on April 16, 2014.

On November 18th, 2014, the Commissioner of the Australian Anti-Dumping Commission initiated an exemption inquiry (Anti-Dumping Notice No. 2014/99, 18.11.2014). The goods subject to this exemption inquiry are canned cherry tomatoes, canned organic tomatoes and canned San Marzano tomatoes. It follows the application lodged by Leo's Imports and Distributors Pty Ltd. and Kadac Pty Ltd. Those companies claimed that there is no domestic producer of the goods subject to the exemption inquiry.

On December 19, 2014, the Commissioner of the Australian Anti-Dumping Commission initiated a review of the above-mentioned anti-dumping measure as far as the Italian company Davia S.p.A. is concerned (Anti-Dumping Notice No. 2014/140, 19.12.2014). It follows the application lodged by the company itself.

On March 27, 2015, the Australian authorities decided to withdraw the anti-dumping duty applicable to exports of the Italian company Davia S.p.A. (Anti-Dumping Notice No. 2015/43, 27.03.2015).

On August 14th, 2015, the Australian Anti-Dumping Commission terminated the exemption inquiry initiated on November 18th, 2014 (Anti-Dumping Notice No. 2015/100, 14.08.2015). It came to the conclusion that even if the goods subject to exemption inquiry are not produced locally, they are in competition with like or directly competitive goods produced by the Australian industry. Hence, the goods subject to the exemption inquiry are not granted any exemption. The measure imposed on April 16th, 2014 remains fully in force.
 
On 25 May 2016, the Commissioner of the Australian Anti-Dumping Commission initiated a review of the existing anti-dumping measures imposed on prepared or preserved tomato products from Italy. The investigation will examine if certain variables have changed and if these are relevant to the specific measure imposed on existing exporters. (Anti-dumping Notice No. 2016/55, 25.05.2016). The complaint was lodged on 5 May 2016 by Marpac Pty Ltd.

AFFECTED COUNTRIES

MAP
TABLE
EXPORT

AFFECTED SECTORS AND PRODUCTS

213 Prepared & preserved vegetables, pulses & potatoes
2002 Tomatoes prepared or preserved otherwise than by vinegar or acetic acid.
200210 Tomatoes, whole or in pieces

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