Steelforce Trading Pty Ltd v Parliamentary Secretary to the Minister for Industry, Innovation and Science [2018] FCAFC 20
Full Court of the Federal Court of Australia
Perram, Pagone & Bromwich JJ
Administrative law – statutory interpretation – second appellant manufactured steel pipes in China – first appellant imported pipes into Australia – primary judge dismissed application for judicial review in anti-dumping proceeding concerning the pipes – appellant had sought review of amount of dumping duty in 2014 – commissioner had divided review into ‘variable factors’ including’ ascertained ‘export price’’ and ‘ascertained ‘normal value’’ of goods (HSS) – procedural fairness – ‘no evidence’ ground – ‘same general category of goods’ – ‘actual amounts’ – calculation of ‘normal value of HSS sections exported to Australia’ governed by s269TAC Customs Act 1901 (Cth) – ‘determination of the cost of production’ – held: appeal successful on ground concerning calculation of ‘actual amounts’ – reg 45(3)(a) Customs (International Obligations) Regulation 2015 (Cth) was not satisfied – appeal allowed.
