Changshu Longte Grinding Ball Co., Ltd v Parliamentary Secretary to the Minister for Industry, Innovation and Science [2019] FCAFC 122

Changshu Longte Grinding Ball Co., Ltd v Parliamentary Secretary to the Minister for Industry, Innovation and Science [2019] FCAFC 122

The statutory scheme does not require the Minister to use the benchmark cost determined under s 269TAC(2)(c)(i) for the purpose of calculating profit under s 269TAC(2)(c)(ii); calculation methodology using a profit percentage is permissible; the Minister was not legally obliged to consider all comparative advantages and disadvantages between markets but did consider such adjustments in the circumstances.

Jurisdiction
Australia
Judgment Date
25 July 2019
Procedural Posture
Judicial Review Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
['anti Dumping Measures' 'determination of Normal Value' 'cost of Production' 'profit Calculation' 'mandatory Relevant Considerations']
['administrative Law' 'international Trade Law' 'customs Law'] ['anti Dumping Measures' 'determination of Normal Value' 'cost of Production' 'profit Calculation' 'mandatory Relevant Considerations']

Case Brief

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Procedural Posture

Judicial Review Appeal / Appeal Judgment

Legal Issues

  1. 1 ['Whether reviewable error was committed in calculating the normal value by substituting a benchmark cost of production but not substituting for benchmark profit' 'Whether it was legally erroneous to calculate profit using a percentage margin' 'Whether the Minister was obliged to consider comparative advantages/disadvantages between markets in determining the benchmark']

Ratio Decidendi

The statutory scheme does not require the Minister to use the benchmark cost determined under s 269TAC(2)(c)(i) for the purpose of calculating profit under s 269TAC(2)(c)(ii); calculation methodology using a profit percentage is permissible; the Minister was not legally obliged to consider all comparative advantages and disadvantages between markets but did consider such adjustments in the circumstances.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondents' costs."]