Recent Cases

Changshu Longte Grinding Ball Co., Ltd v Parliamentary Secretary to the Minister for Industry, Innovation and Science [2019] FCAFC 122 (25 July 2019) (Yates, Moshinsky and Thawley JJ)


STATUTES – Customs Act 1901 (Cth) – Part XVB– ferrous grinding balls exported from the People’s Republic of China to Australia – judicial review of anti-dumping measures

STATUTES – Customs (International Obligations) Regulation 2015 (Cth) – normal price of goods – ordinary course of trade – determination of profit – determination of cost of production or manufacture – determination of administrative, selling and general costs

ADMINISTRATIVE LAW – whether reviewable error in substituting a higher benchmark price from Latin America to determine cost of production in the People’s Republic of China but not substituting the higher benchmark price to determine the relevant profit – whether legally erroneous to calculate amount of profit by employing a profit margin expressed as a percentage – whether all of the comparative advantages and disadvantages between the respective markets were mandatory relevant considerations, irrespective of submissions made by interested parties