Sanjeev Gupta’s InfraBuild claim of dumping by Chinese steelmakers thrown out

Sanjeev Gupta’s InfraBuild has failed in its quest to have regulators intervene over its claim China is dumping steel into the Australian market.

Embattled British industrialist Sanjeev Gupta. Picture: AAP

Australia’s dumping regulators have thrown out claims from Sanjeev Gupta’s embattled InfraBuild that China was dumping steel mesh in Australia.

The decision is a big win for Chinese exporters and comes as receiver KordaMentha edges towards its final decisions in the Whyalla steel collapse.

It was recently confirmed BlueScope is the effective buyer of last resort at Whyalla, a deal reached last year when it agreed to advise KordaMentha on the best path out for Mr Gupta’s companies and the Whyalla mill.

The preliminary finding this week by Anti-Dumping Commission chief David Latina comes in the wake of Anthony Albanese’s visit to China, after a review of the InfraBuild claims first lodged in May last year.

The case was unusual, being an anti-circumvention claim trying to hitch claims against steel mesh imports to an earlier decision finding dumping of steel rods from China. To succeed, Australian manufacturers must prove the goods in question are slightly modified versions of the products that originally attracted the duty.

Dumping duties are imposed when imports are sold in Australia at below the normal price in the country of origin and cause injury to the local industry. Steel and aluminium account for 72 per cent of dumping claims.

When claims are made, trade is effectively frozen because importers are wary about being hit with extra charges.

In a preliminary decision this week Mr Latina said “based on the evidence before the commission, the Commissioner preliminarily considers a circumvention activity in relation to the original notice has not occurred”.

He said InfraBuild had not established that “before export (from China), the circumvention goods are slightly modified,” and “the use or purpose of the circumvention goods is the same before, and after, they are slightly modified”.