Public Version. Statement of Essential Facts ( SEF 263 )

Similar documents
NAM KIM STEEL JOINT STOCK COMPANY

4 April Also via Dear Ms Arblaster

CONSIDERATION REPORT NO. 240 APPLICATION FOR A DUMPING DUTY NOTICE ROD IN COILS EXPORTED FROM THE REPUBLIC OF INDONESIA, TAIWAN AND TURKEY

FTS Real Time System Project: Portfolio Diversification Note: this project requires use of Excel s Solver

RIM SECURITIES LIMITED FINANCIAL SERVICES GUIDE ABN AFS Licence No

KAZAKHSTAN STOCK EXCHANGE

MARUBENI-ITOCHU STEEL OCEANIA PTY LTD

Proposed Auditing Standard: Existence and Valuation of Inventory (Re-issuance of AUS 506)

APPORTIONMENT OF COMMON PROCESS COSTS

National Margin Lending. Make your investment portfolio work for you

AGREEMENT ON IMPLEMENTATION OF ARTICLE VI OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994 PART I. Article 1. Principles.

The Circular Flow of Income and Expenditure

Ms Kate Kidson ASX Limited Level 45, South Tower, Rialto 525 Collins Street Melbourne VIC 3000

Submission on draft terms of reference for the proposed China Stone Coal Project environmental impact statement

Fair Competition Commission. THE FAIR COMPETITION COMMISSION PROCEDURE RULES, 2013 Rule 33(2) MERGER NOTIFICATION (Application for Merger Clearance)

mienterprise. More detailed Business Plan

Australian live sheep exports

Revenue Recognition. Contents. Accounting Standard (AS) 9


Chapter 6. Transfer Pricing Methods Introduction to Transfer Pricing Methods

17 th IDP Australian International Education Conference October 2003, Melbourne, Australia

CENTRE FOR TAX POLICY AND ADMINISTRATION

EXPORT MARKET DEVELOPMENT GRANT TYPES OF ELIGIBLE EXPENDITURE

ED191 sub March Kevin Stevenson Chairman Australian Accounting Standards Board PO Box 204 Collins St West MELBOURNE VIC 8007

UNITED STATES TARIFF COMMISSION STEEL BARS, REINFORCING BARS, AND SHAPES FROM AUSTRALIA

2) Based on the information in the table which choice BEST shows the answer to 1 906?

Guide to inquiries into disputes about bulk interconnection services

Centralised Portfolio Management

Submission. R&D Tax Losses Proposal

BUYING AGENCY AGREEMENT

Schools and Directorates Funded Projects for building, alteration and decorative works

Comment on the Exposure Draft Insurance Contracts

How To Find Out If You Can Sell Steel In European Union

THE MEASUREMENT OF NON-LIFE INSURANCE OUTPUT IN THE AUSTRALIAN NATIONAL ACCOUNTS

Share Trading Policy December 2010

1. THE CUSTOMS TARIFF ACT, 1975 (51 Of 1975) 1

Anti-Dumping on Shrimp Exports A Case Study

MINISTRY OF EDUCATION

1. Key Dates for Pool Settlement Where to find the Pool Statements On-going Reporting to Pool Participants 2

National Consumer Credit Protection Amendment (Credit Reform Phase 2) Bill 2012

DRAFT May Objective and key requirements of this Prudential Standard

AUSTRALIAN UNITED INVESTMENT COMPANY LIMITED

We recommend CCIIO create instructions and allow $0 experience values for brand new carriers with no previous experience.

Dairy Industry Restructuring Act 2001: Review of Fonterra's 2012/13 base milk price calculation

AER Issues Paper Tariff Structure Statement Proposals Victorian Electricity Distribution Network Service Providers

Actuarial assessment of self-insurance liabilities

OnCard International Limited ACN NOTICE OF GENERAL MEETING TO BE HELD ON MONDAY 25 MAY and

Explanatory Notes Securities Lending Reporting. Daily Market Report of Outstanding Borrowed Positions, by Security

ATACHMENT TO FORM 8937 REPORT OF ORGANIZATIONAL ACTIONSAFFECTING BASIS OF SECURITIES

2015 No ELECTRICITY GAS. The Electricity and Gas (Standards of Performance) (Suppliers) Regulations 2015

1. REPORT SUMMARY 1.1 INTRODUCTION

Official Journal of the European Union

MEDIA GUIDELINES RELEASED 7 JULY 2015

technical factsheet 185 Stock and work in progress

CFTC letter No April 7, 2003 No-Action Office of General Counsel

THE GEELONG COLLEGE (BUSINESS OPERATIONS STAFF) AGREEMENT COMMISSIONER BISSETT MELBOURNE, 22 APRIL 2015

AGREEMENT ON AN INTERNATIONAL ENERGY PROGRAM. (As amended 30 November 2007)

Comments regarding Consultation Paper 209: Resignation, removal and replacement of auditors: Update to RG 26

Compiled Accounting Standard AASB 102

Valuation of Inventories

CHAPTER 8 Valuation of Inventories: A Cost Basis Approach

Australian Accounting Standards Board. Proposed Agenda Rejection Statement. Recognition of Franked Dividend Revenue.

TIGERS REALM COAL LIMITED - ENTITLEMENT OFFER NOTIFICATION TO INELIGIBLE SHAREHOLDERS

PRODUCT DISCLOSURE STATEMENT FOR THE ISSUE OF ASX CFDs BY MORRISON SECURITIES PTY LIMITED

HKSA 500 Issued July 2009; revised July 2010, May 2013, February 2015

Find Me A Trainer Insurance Offer

PRACTICE NOTE: LAWYER FOR THE CHILD: CODE OF CONDUCT

sink asset load power pool ISO pool participant bids operating constraints ancillary service declarations

Chapter 7. Comparability Analysis

LEMBAGA HASIL DALAM NEGERI MALAYSIA INLAND REVENUE BOARD

COUNCIL OF THE EUROPEAN UNION. Brussels, 14 February /06 COMER 42 ASIE 13

Change in the methodology for anti-dumping investigationsconcerning China

Exchange Specific General Terms and Conditions of Business concerning SIX Swiss Exchange Ltd

Chapter 1. Introduction

Business Combinations

DEPARTMENT OF COMMERCE (Directorate General of Anti-Dumping and Allied Duties) INITIATION NOTIFICATION New Delhi, the 23rd December, 2015

I Benefits of MSI Credit Insurance

Chapter 6. Inventories

BASIC CONCEPTS AND FORMULAE

ATTACHMENT G1 PRICING METHODOLOGY

Alternative Dispute Resolution Can it work for Administrative Law?

IMPORTERS QUESTIONNAIRE

Share Purchase Plan Booklet

Discussion Paper: The Small Business and Family Enterprise Ombudsman

Franchise Evaluation Process Charts for InterCity West Coast Franchise competition

2 This Standard shall be applied by all entities that are investors with joint control of, or significant influence over, an investee.


Changes in regulated electricity prices from 1 July 2012

How To Understand Factoring

Australian Solar Council Submission on Queensland Competition Authority Issues Paper Estimating a Fair and Reasonable Solar Feed-in Tariff for

Preseason Planning and Cash Flow Management. Mike Barnidge Credit Manager

Inventories: Cost Measurement and Flow Assumptions

Western Australian Feed-In Tariff Discussion Paper

CIMA F3 Course Notes. Chapter 11. Company valuations

GENEVA INTERNATIONAL PATENT COOPERATION UNION (PCT UNION) ASSEMBLY. Thirty-Fourth (15 th Ordinary) Session Geneva, September 26 to October 5, 2005

WORKING DRAFT. Chapter 5 - Transfer Pricing Methods (Transactional Profit Methods) 1. Introduction

Accounting Standards for Not-for-Profit Organizations

Estimated company tax, MRRT, carbon tax and royalties expenses for the minerals sector. Report prepared for the Minerals Council of Australia


April Comment Letter. Discussion Paper: Measurement Bases for Financial Accounting Measurement on Initial Recognition

Transcription:

06 August 2015 Director Operation4 Anti-Dumping Commission PO Box 1632 MELBOURNE VIC 3001 AUSTRALIA Dear Director, Statement of Essential Facts ( SEF 263 ) This submission is made on behalf of Pilotdoer Wheel Co.,Ltd ( Pilotdoer ) and in response to the Anti-Dumping Commission s (the Commission) preliminary findings outlined in Statement of Essential Facts Report No. 263 ( SEF 263 ). The purpose of this submission is to respectfully but firmly request the Commission to ascertain and recalculate the dumping margin and subsidy margin. 1 Normal Values In the SEF 263 and the Commission s calculation, Normal Values were determined at Free on Board (FOB) level, using constructed normal values under ss.269tac(2)(c) of the Act, The key elements in constructing a normal value are: the cost of production or manufacture of the exported good the term cost to make has been used throughout this chapter. the, selling, general and administrative costs are those that would be incurred on the assumption that the exported good is sold on the domestic market; and an amount for profit. Pilotdoer strongly disputes the methodology the Commission used to calculate the Cost to make Cost to sell and Profit. 1.1 Cost to make (CTM) a) In the Commission s calculation of SEF 263, the Commission calculated an uplifted raw material rate, based on Pilotdoer s aluminum purchase price compared with alloy benchmark price, but not based on aluminum benchmark price.

Pilotdoer finds the Commission considered Pilotdoer s aluminum purchase as aluminum alloy, and used the alloy benchmark price to calculate the uplift rate. Pilotdoer considers that it is obviously that the aluminum purchases are primary aluminum, and the aluminum cost and alloy cost are separately in Pilotdoer s cost record, it can be indentified from Pilotdoer s cost data, the Commission should use the aluminum benchmark price compared with Pilotdoer s purchase price to calculate the uplifted rate. b) In the Commission s calculation of SEF 263, the Commission calculated the uplifted raw material cost using the aggregated cost of aluminum and alloy and multiplied the uplifted rate. Pilotdoer considers that the market situation should be with respect to the aluminum, not include alloy, the Commission should only use the aluminum cost multiplied an uplifted rate to calculate the uplifted cost. In conclusion, Pilotdoer requests the Commission to undertake an objective examination of the relevant information available in calculating the CTM. 1.2 Cost to sell (SG&A) In the Commission s calculation of SEF 263, the Commission calculated a weighted average unit cost of sell based on Pilotdoer s domestic sales data, the methodology is using the aggregated SG&A expenses and financial expenses of domestic sales divided by the aggregated sales volume. a) Pilotdoer considers that the SG&A expenses and financial expenses reported in domestic sales spreadsheet were allocated by sales value, not sales volume, it can be indentified in Exhibit 19.3 SG&A worksheet submitted following the Exporter s Questionnaire, and another significant circumstance is that different rim size wheels have major cost variance and price variance, simply divided by sales volume can t reflect a reasonable situation, it is inappropriate. In view of this, Pilotdoer suggests that reference the methodology used in the wind towers case (case no. 221), please refer to the Confidential Exhibit, the Commission should calculate the cost to sell as a proportion of the CTM. b) Pilotdoer also finds that the method the Commission used to determine cost to sell and determine profit are inconsistently, on one hand the Commission determined cost to sell using Pilotdoer s domestic sales data, but on other hand the Commission didn t consider Pilotdoer s domestic sales data and determined the rate of profit based on the weighted average of actual profits realised by other cooperating exporters from the sale of like goods in the domestic market. Pilotdoer considered such approach is not in accordance

with the policy under ss. 269TAC (2) of the Act. In conclusion, Pilotdoer requests the Commission to undertake a reasonable and objective method in calculating the cost to sell. 1.3 Profit SEF 263 stated that in the previous investigation, the ACBPS did not use Pilotdoer s domestic sales for the purpose of determining the company s rate of profit. Instead, the ACBPS determined Pilotdoer s rate of profit based on the weighted average of actual profits realised by other cooperating exporters from the sale of like goods in the domestic market (Regulation 181A(3)(b)). No adjustments were made. The ACBPS stated it took this approach because Pilotdoer s volume of domestic sales was too low to be considered reasonably reflective of domestic sales of like goods. Pilotdoer finds that the Commission considered Pilotdoer s domestic sales of like goods as a very low volume, Pilotdoer considers that the Commission s approach is lack of objective and unfounded. Low volume is defined in ss.269tac (14) (c) of the Act, it indicates that: the volume of sales of like goods for home consumption in the country of export by the exporter or another seller of like goods is less than 5% of the volume of goods the subject of the application that are exported to Australia by the exporter; the volume of sales referred to in paragraph (c) is taken, for the purposes of paragraph (2)(a), to be a low volume unless the Minister is satisfied that it is still large enough to permit a proper comparison for the purposes of assessing a dumping margin under section 269TACB Also the Commission s dumping and subsidy manual made a detailed guidance about it. In accordance with the ss.269tac (14) (c) of the Act and dumping & subsidy manual, Pilotdoer takes a test for suitability of sales as below, it sufficiently demonstrates that Pilotdoer s domestic sales of like goods don t conform to the definition of low volume in ss.269tac, it should not be considered as low volume, and the Commission s approach of determining Pilotdoer s rate of profit is unreasonable and not in accordance with the ss.269tac (14) (c) of the Act. The Commission should determine the rate of profit based on Pilotdoer s domestic sales data. In conclusion, Pilotdoer requests the Commission to undertake a reasonable and objective method in determining the rate of profit.

Test for suitability of sales Volume of Pilotdoer sales on the domestic market 1868 pc Volume of Pilotdoer sales to Australia 12530 pc Volume of Pilotdoer sales of product on the domestic market in the ordinary course of trade 1300 pc % Domestic sales as a proportion of export sales to Australia 15% % ordinary course of trade sales as a proportion of sales to Australia 10% % ordinary course of trade sales as a proportion of domestic sales 70% 2 Dumping Margin Based on above, Pilotdoer requests the Commission to reconsider its approaches in calculating the normal values and recalculate the dumping margin. 3 Subsidy Margin SEF 263 stated that the value of the subsidy was determined using the actual amount of benefit received as shown in exporter questionnaires. For program 1, benefits were established by calculating the difference between the actual prices paid by exporters and the aluminum cost substitute benchmark. Where other subsidies were actually received by exporters during the review period, the Commission determined the value of subsidies (in line with the above methodologies) based on the actual values of benefits received by those selected exporters. In relation to taxation-related subsidy programs, the value of the subsidy is determined to be the amount of tax revenue forgone by the GOC. Benefits were attributed using the applicable turnover values as submitted by each of these selected exporters. a) In the Commission s calculation of SEF 263, for the program 1, the Commission determined the benefit received based on Pilotdoer s aluminum purchase price compared with alloy benchmark price. As mentioned above, Pilotdoer considers that the Commission should use the aluminum benchmark price compared with Pilotdoer s aluminum purchase price to determine the benefit. b) In the Commission s calculation of SEF 263, the Commission attributed the benefit of each program using the sales volume, and then calculated the subsidy margin. Pilotdoer finds that the Commission didn t attribute the benefits using the turnover

value as it stated in SEF 263, but using the sales volume. Pilotdoer considers that the Commission should use the turnover value to attribute the benefits of each program. In conclusion, Pilotdoer requests the Commission to reconsider its approaches in calculating the benefits and recalculate the subsidy margin. Yours sincerely, Paul Chao