DUMPING COMMODITY REGISTER 2002.10.00(1) R. 9 PREPARED OR PRESERVED TOMATOES EXPORTED FROM ITALY Measures Anti-dumping measures in the form of interim dumping duty (IDD) have been imposed on tomatoes exported from Italy. Anti-Dumping Commission Report No. 217 (REP 217) and Anti-Dumping Notice (ADN) 2014/32 provide further information to assist importers and Customs brokers. Description of the goods The goods subject to anti-dumping measures are 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. The measures do not apply to pastes, purees, sauces, pasta sauces, juices and sundried tomatoes. Goods subject to measures should be classified using the tariff sub-heading and associated statistical code contained in Table 1. Table 1 - The tariff subheading and statistical code subject to measures Tariff subheading 2002.10.00 Statistical codes 60 Exempt Exporters As advised in ADN 2014/32, there are a number of exporters, and related traders, that are exempt from IDD: La Doria S.p.A supplied directly and through traders shown in Table 2; and Feger Di Gerardo Ferraioli S.p.A supplied directly and through traders shown in Table 2. All other exporters and suppliers from Italy are subject to IDD or Dumping Securities (DSA) as advised in Tables 2, 3 and 4. Dates of effect Dumping securities (DSA) were initially imposed on 1 November 2013. DSA were amended on 4 February 2014. IDD was imposed on 16 April 2014. DSA were imposed on the dates listed below following accelerated reviews for Davia S.p.A. (Davia), Le Specialita’ Italiane S.R.L. (Le Specialita), PMC SRL (PMC) and Coppola Foods Ltd (Coppola). Davia – 14 May 2014 (refer to ADN 2014/39) Le Specialita – 22 July 2014 (refer to ADN 2014/73) PMC – 25 July 2014 (refer to ADN 2014/74) Coppola – 28 July 2014 (refer to ADN 2014/79) The original dumping duty notice but with fixed specified different variable factors was applied to Calispa following the findings for an accelerated review on 3 September 2014. Direction for collection of interim dumping duties Goods subject to the measures must be entered using the dumping specification number (DSN) for the nominated exporter/supplier as shown in Table 2. The Dumping Export Price (DXP) is the total invoice price for the line on the invoice/entry expressed in the export price terms for the respective DSN shown in Table 3. IDD is in the form of a fixed + variable measure. The total duty liability is calculated as follows: DXP or ascertained export price (AEP), whichever is the greatest, multiplied by the IDD ad valorem duty rate; Plus the amount, if any, by which the DXP is lower than the AEP. Change 05/09/14 DUMPING COMMODITY REGISTER 2002.10.00(2) PREPARED OR PRESERVED TOMATOES EXPORTED FROM ITALY Direction for collection of interim dumping duties (continued) DSA for Davia, Le Specialita, PMC and Coppola are also in the form of a fixed + variable measure. The total duty liability is calculated by: DXP or ascertained export price (AEP), whichever is the greatest, multiplied by the DSA ad valorem duty rate; Plus the amount, if any, by which the DXP is lower than the AEP. PLEASE NOTE: The All Other Exporter rate of ICD and/or IDD will apply unless an importer/broker can provide proof that the goods are being supplied either directly by a named exporter or through a linked supplier(s). The actual duty liability may be higher than the effective rate of duty published in Table 3 due to the variable component of DSA/IDD that may be payable. Affected parties should contact the Dumping hotline on 1300 884 159 (+61 3 9244 8224 if outside Australia) or by email at [email protected] for further information regarding the actual duty liability calculation in their particular circumstance. Release of details of measures Unless otherwise advised, the rate of IDD for each DSN in Table 2 is considered Confidential and will not be published. Bona fide importers of the goods may be provided with the confidential information relevant to a nominated exporter/supplier or country in the case country wide measures. The onus is on the importer to prove their bona fides by providing evidence of the following to [email protected]: or a previous trading history with a nominated exporter/supplier of the goods from a country subject to dumping/countervailing measures. Evidence of a trading history would take the form of at least commercial invoices, packing list and bills of lading from previous shipments. Additional documentation as proof of bona fides may also be requested. in the absence of a trading history, an offer or a quotation from an exporter/supplier of goods subject to dumping/countervailing measures. The offer or quotation must be on the exporter/supplier’s company letterhead – emails will not generally be accepted. Importers should note that only as much of the confidential information as is necessary to enter the goods will be provided by the Anti-Dumping Commission (the Commission). Australian Customs Dumping Notice (ACDN) 2012/61 provides further information to assist importers and Customs brokers. ACBPS will conduct monitoring of imports subject to anti-dumping measures consistent with its published policy. Duty Assessment Where anti-dumping measures have been imposed on goods exported to Australia, the importer is liable to pay IDD at the time of importation. The rates of IDD are based on prices verified during the original dumping investigation or subsequent review of the duty and are in place for a period of five years unless revoked earlier. To ensure that the amount of IDD collected by ACBPS does not exceed the actual dumping margin for each consignment over the five-year period, provision exists for assessment of the final duty liability under the Customs Tariff (Anti-Dumping) Act 1975. This system allows for any excess interim duty to be refunded where it is found that prices have changed since the original investigation or subsequent review. There are a series of time frames fixed by legislation that govern the duty assessment system. An application for duty assessment must cover all shipments entered for home consumption by an importer in a specific six-month importation period. The six-month period is determined by the date of publication of the initial notice imposing the dumping duty (in the case of tomatoes – 16 April 2014). Where securities have been taken pending the Minister's decision, the importation period may be less than six months. An application for a duty assessment cannot be lodged prior to the end of the particular importation period to which it relates, but must be lodged with the Anti-Dumping Commission within six months from the end of that importation period. Table 5 provides detail of the relevant importation periods and application periods for tomatoes exported from Italy. Additional information is available at http://www.adcommission.gov.au/system/csi/WhatisDA.asp DUMPING COMMODITY REGISTER 2002.10.00(3) R. 11 PREPARED OR PRESERVED TOMATOES EXPORTED FROM ITALY Table 2 – Exporters and DSN Exporter CCID Description Measure CCC4994744X CCF3497477R CCC7797347E All types Exempt All types Exempt CCE3437966P CCC6739447C CCE3369376Y 96327180764 All types IDD 14 La Doria S.p.A. supplied through FJ Tytherleigh Italia S.R.L. or Conga Foods Pty Ltd or Orange & Green Pty Ltd or Corex S.p.A.* CCC6739447C CCE3369376Y 96327180764 CCJ3744997M 49095541996 CCE7663797W CCH7397974H CEG6739664Y All types (See NOTE 1) 28 Feger Di Gerardo Ferraioli S.p.A. supplied through FJ Tytherleigh Italia S.R.L. or Leo’s Importers and Distributors CCC6739447C CCE3369376Y 26006238928 CEJ6947966A All types (See NOTE 2) 29 De Clemente Conserve S.p.A. supplied directly or through Italcomes s.r.l. or Leo’s importers and distributors or Famor italia s.r.l. or FJ Tytherleigh Italia S.R.L. or Corex S.p.A.* or F.Divella S.p.A. CCF6367336X CEJ6947966A 26006238928 CCM7449349X CEA3379679G CEG7974479P CCC6739447C CCE3369376Y CCE7663797W CCH7397974H CEG6739664Y CCC4977799A CCF6969376N CCE6994364R CCF7793637R All types IDD 15 Lodato Gennaro & C. S.p.A supplied directly or through Leo’s importers and distributors CCC3476677F 26006238928 CEJ6947966A All types IDD 16 I.M.C.A. S.p.A CCE4646764H CCG4947943G CEL9469943H All types IDD 17 Davia S.p.A. CET6446667M All types DSA 30 Calispa S.p.A. Industria Conserve Alimentari CER3674949A CCR9977339C All types IDD 39** Coppola Foods Ltd CET9667663N All types DSA 36 Le Specialita’ Italiane S.R.L. CET9677796T All types DSA 37 PMC SRL CET9677373C All types DSA 38 All types IDD 18 Exporter/Suppliers exempt from dumping duties La Doria S.p.A. Feger Di Gerardo Ferraioli S.p.A Exporter/Suppliers covered by dumping duties Conserve Italia Soc. Coop Agr supplied directly or through FJ Tytherleigh Italia S.R.L. or Conga Foods Pty Ltd Residual exporters (see Table 5) DSN All other exporters All types IDD 19 *Corex S.p.A ceased cooperating with the investigation after the amendment of securities. It is therefore subject to the all other exporter rate. **The export price terms for Calispa S.p.A. Industria Conserve Alimentari are at EXW, Cash. Change 05/09/14 DUMPING COMMODITY REGISTER 2002.10.00(4) PREPARED OR PRESERVED TOMATOES EXPORTED FROM ITALY Table 2 – Exporters and DSN (continued) NOTE 1 – Importers/brokers entering tomatoes manufactured by La Doria S.p.A and supplied through FJ Tytherleigh Italia S.R.L., Conga Foods Pty Ltd, Orange & Green Pty Ltd or Corex S.p.A. are to use DSN 28. A zero duty liability will be calculated. This amendment has been made for the convenient administration of the anti-dumping system and not otherwise. NOTE 2 – Importers/brokers entering tomatoes manufactured by Feger Di Gerardo Ferraioli S.p.A. and supplied directly or through FJ Tytherleigh Italia S.R.L. or Leo’s Importers and Distributors are to use DSN 29. A zero duty liability will be calculated. This amendment has been made for the convenient administration of the anti-dumping system and not otherwise. Table 3 – Dumping Duty Rates and Ascertained Export Price DSN DSA/IDD Ad valorem rate (%) Effective rate of duty AEP EUR/kilo Export price terms 14 15 16 17 18 19 28 29 30 Confidential 4.54% Confidential FOB, cash Confidential 3.25% Confidential FOB, cash Confidential 26.35% Confidential FOB, cash Confidential 26.35% Confidential FOB, cash Confidential 4.24% Confidential FOB, cash Confidential 26.35% Confidential FOB, cash Exempt - brokers must use DSN, DXP and quantity – zero duty liability Exempt - brokers must use DSN, DXP and quantity – zero duty liability Confidential 26.35% Confidential FOB, cash 36 Confidential 26.35% Confidential FOB, cash 37 Confidential 26.35% Confidential FOB, cash 38 Confidential 26.35% Confidential FOB, cash 39 Confidential 0% Confidential EXW, Cash. Remarks Goods exported and entered for home consumption on or after 16 April 2014 Goods exported and entered for home consumption on or after 1 November 2013 Goods entered for home consumption on or after 14 May 2014 Goods entered for home consumption on or after 28 July 2014 Goods entered for home consumption on or after 22 July 2014 Goods entered for home consumption on or after 25 July 2014 Goods exported and entered for home consumption on or after 12 May 2014 Table 4 – Residual Exporter/Suppliers Exporter/Supplier Fiamma Vesuviana S.R.L. Mutti S.p.A. Nolana Conserve S.R.L. Attianese S.p.A. Greci Industria Alimentare S.p.A. Menu S.R.L.l Steriltom S.R.L. Rispoli Luigi E C (S.R.L.) supplied directly or through Agritalia S.R.L. Princes Industrie Alimentari S.R.L. supplied directly or through Conga Foods Pty Ltd CCID CCC3344443E CCC7476937K CCF7674476R CCG4739794K CCT7796774M CEG3797763K CEG7937676P CCC6739497R CCC9736436K CCC4344777R CCC4467777Y CCE9646973J CCG9999343F CCK3393769M CCJ6377946E CCE4476446L CEJ3663374A CEJ4764347E 96327180764 CCG7763347Y CEC6793696W DUMPING COMMODITY REGISTER 2002.10.00(5) R. 8 PREPARED OR PRESERVED TOMATOES EXPORTED FROM ITALY Table 5 – Duty Assessment Importation & Application Periods Importation Period 6 December 2013 to 15 April 2014 16 April 2014 to 15 October 2014 16 October 2014 to 15 April 2015 16 April 2015 to 15 October 2015 16 October 2015 to 15 April 2016 16 April 2016 to 15 October 2016 16 October 2016 to 15 April 2017 16 April 2017 to 15 October 2017 16 October 2017 to 15 April 2018 16 April 2018 to 15 October 2018 Application Period 16 April 2014 to 15 October 2014 16 October 2014 to 15 April 2015 16 April 2015 to 15 October 2015 16 October 2015 to 15 April 2016 16 April 2016 to 15 October 2016 16 October 2016 to 15 April 2017 16 April 2017 to 15 October 2017 16 October 2017 to 15 April 2018 16 April 2018 to 15 October 2018 16 October 2018 to 15 March 2019 Remarks Securities converted to IDD IDD Change 05/09/14
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