INVESTIGATION PROGRESS

Date Status
14 Sep 2010 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: 24 May 2011 | Removal date: open ended
Still in force

Anti-dumping

On October 5, 2010, the Australian Customs and Border Protection Service initiated a sunset review of the anti-dumping duty imposed on imports of ammonium nitrate (prilled, granular or in other solid form, with or without additives or coatings, in packages exceeding 10 kg) from Russia (Australian Customs Dumping Notice No. 2010/34). The review concerns both the continuation of the duty and the amount and the amount of this duty.
The products subject to investigation are classified under the following HS code: 3102.3000.
The application for a review was lodged on September 14, 2010 by CSBP and Orica, two of the three domestic manufacturers of the goods subject to the duty.

On February 24, 2011, the Australian Customs and Border Protection Service issued the Statement of Essential Facts concerning the continuation of the anti-dumping measure (SEF Report No. 168) as well as the Statement of Essential Facts concerning the review of the amount of the duty (SEF Report No. 169).

On April 11, 2011, the Australian Customs and Border Protection Service issued the Report to the Minister concerning the continuation of the anti-dumping measure (Report to the Minister No. 168). It recommended that the Minister takes steps to secure the continuation of the anti-dumping measure on ammonium nitrate exported from Russia.
On the same day, the Australian Customs and Border Protection Service issued the Report to the Minister concerning the review of the amount of the duty (Report to the Minister No. 169).

On April 18, 2011, the Australian Anti-Dumping Commission announced that the Minister for Home Affairs decided to follow its recommendation concerning the continuation of the anti-dumping measure; hence he decided upon the continuation of the anti-dumping duty imposed on imports of ammonium nitrate originating in Russia (Australian Customs Dumping Notice No. 2011/17). This measure enters into force on May 24, 2011.
On the same day, the Australian Anti-Dumping Commission announced that the Minister for Home Affairs also decided to follow its recommendations concerning the review of the amount of the duty (Australian Customs Dumping Notice No. 2011/16). To preserve confidentiality, details of the revised variable factors are not published. Those modifications entered into force on April 18, 2011.

The original anti-dumping duty on imports of ammonium nitrate from Russia was imposed on May 24, 2001 (Australian Customs Dumping Notice No. 2001/29) and already extended after five years.

On October 9th, 2015, the Australian Anti-Dumping Commission initiated a sunset review of the anti-dumping measure imposed on imports of ammonium nitrate originating in or exported from Russia or via Estonia (Australian Customs Dumping Notice No. 2015/119, 09.10.2015).
This review follows the application lodged on September 10th, 2015 by Orica Australia Pty Ltd. and CSBP Limited, domestic producers of the subject good.
 
On 4 May 2016, following the above sunset review the Australian authorities extended the the anti-dumping measure imposed on imports of ammonium nitrate originating in or exported from Russia or via Estonia.
This measure is applied as a interim dumping duty (IDD) in the form of a floor price. A duty is therefore imposed when the dumping export price (DXP) is less than the non-injurious price (NIP). As such, the duty is, if any, the Free-On-Board (FOB), cash amount that the DXP exceeds the NIP. For example if the NIP is AUD 1000 and the DXP is AUD 2000 the applied duty for these specific invoiced goods will be AUD 1000.
The DXP is the actual export price determined on the basis of the actual exported goods and reflecting the total export price being entered, not the unit price. The NIP is the price that the industry is expected to charge under normal circumstances.
This interim duty method has been applied since 2001, whilst exports via Estonia from Russia have been in force since 2006.

AFFECTED COUNTRIES

MAP
TABLE
EXPORT

AFFECTED SECTORS AND PRODUCTS

346 Fertilizers & pesticides
3102 Mineral or chemical fertilisers, nitrogenous.
310230 Ammonium nitrate, whether or not in aqueous solution

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