Pilkington (Australia) Ltd v The Anti-Dumping Authority & Anor [1995] FCA 205

Pilkington (Australia) Ltd v The Anti-Dumping Authority & Anor [1995] FCA 205

For Indonesian exports, the Asahi Singapore commission arose when OGA placed orders with Asahi Singapore before exportation, and the only reasonably possible conclusion was that it was not a charge in respect of a matter arising after exportation under s 269TAB(1)(a); the Authority therefore erred in law. For Chinese exports, s 269TAB(1)(c) conferred a broad discretion, and the Authority's descriptive use of an after-exportation category did not convert its approach into a statutory test subject to the same construction as s 269TAB(1)(a); the challenge therefore failed.

Jurisdiction
Australia
Judgment Date
07 April 1995
Procedural Posture
Anti Dumping Appeal Concerning Determination of Export Price Under the Customs Act 1901 (cth) / Appeal Before the Full Court of the Federal Court of Australia
Outcome
Appeal upheld in so far as it relates to exports from Indonesia; appeal otherwise dismissed. Final orders were deferred pending further submissions on relief.
Legal Topics
['determination of Export Price' 'charges Arising After Exportation' 'ministerial Discretion Under S 269 Tab(1)(c)' 'question of Law and Question of Fact']
['administrative Law' 'customs and Excise' 'anti Dumping' 'statutory Interpretation'] ['determination of Export Price' 'charges Arising After Exportation' 'ministerial Discretion Under S 269 Tab(1)(c)' 'question of Law and Question of Fact']

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Procedural Posture

Anti Dumping Appeal Concerning Determination of Export Price Under the Customs Act 1901 (cth) / Appeal Before the Full Court of the Federal Court of Australia

Legal Issues

  1. 1 ["Whether the Anti-Dumping Authority erred in law by deducting Asahi Singapore's commission from the export price of clear float glass exported from Indonesia under s 269TAB(1)(a) of the Customs Act 1901 (Cth)." 'Whether the Anti-Dumping Authority erred in law by deducting the commission paid to Fethers when determining the export price of clear float glass exported from the Peoples Republic of China under s 269TAB(1)(c) of the Customs Act 1901 (Cth).' 'Whether, on the facts found, the relevant commissions were charges in respect of matters arising after exportation.']

Ratio Decidendi

For Indonesian exports, the Asahi Singapore commission arose when OGA placed orders with Asahi Singapore before exportation, and the only reasonably possible conclusion was that it was not a charge in respect of a matter arising after exportation under s 269TAB(1)(a); the Authority therefore erred in law. For Chinese exports, s 269TAB(1)(c) conferred a broad discretion, and the Authority's descriptive use of an after-exportation category did not convert its approach into a statutory test subject to the same construction as s 269TAB(1)(a); the challenge therefore failed.

Court Disposition

Appeal upheld in so far as it relates to exports from Indonesia; appeal otherwise dismissed. Final orders were deferred pending further submissions on relief.

Orders

  • ['The appellant and the respondents file and serve written submissions in relation to the relief which ought to be granted by the Court by .............. .']