NAUE: Fight is not over in anti-dumping case

In a press release dated Oct. 27, 2009, NAUE GmbH & Co. KG, a German manufacturer of geosynthetic materials, including geosynthetic clay liners, said it is appealing a recent decision by Australian Customs that imposed anti-dumping measures on NAUE products.

Based in EspelkampÐFiestal, Germany, NAUE said it is an internationally active company with a long-standing record of high-performance products and high integrity in its involvement in the global market. This includes, the release stated, many years of successful interaction with and service to numerous sectors of civil engineering and construction in Australia.

(The company’s U.S. presence, NAUE America Inc., is based in Atlanta.)

The Australian Minister for Home Affairs has accepted Customs and Border Protection’s recommendations in relation to the alleged dumping of the goods exported to Australia from Germany contained in Trade Measures Report No. 145.

The findings stated that there was a dumping margin of 26.7% and that material injury had been suffered by the Australian industry on the basis of loss of sales volume, market share, price undercutting, price depression, price suppression and lost profits, and reduced profitability. However, the press release continued, as shown when considering the level at which measures need to be imposed to prevent such injury, the actual “injury margin” was only 5.6%.

NAUE said it has cooperated fully with the investigation and supports free trade principles, and that it strongly disagrees with the finding that it has materially injured the Australian industry. NAUE said it is particularly disappointed with the approach taken by Customs in arriving at its findings, which are contrary to the submission made by the European Commission in this case. The Commission pointed out that:

• sales volume actually increased during the total period under consideration.
• the Australian industry, in fact, gained market share.
• there was no conclusive evidence of price undercutting, especially as in half the comparisons made, no price undercutting was found.
• there was an improper consideration of price suppression and this increased overall during the period under investigation and was greater at the start of that period.

NAUE said it is concerned that Customs has not given proper attention to the role of Chinese imports on the Australian market in considering issues of injury. Chinese imports occupied a much larger share of the market than German imports and competed in all markets across Australia at prices above and below that of the Australian industry, the press release stated. The German company also stated that Australian Customs did not pay proper regard to the impact of these imports in making a determination on material injury.

NAUE said it is currently considering its options for appeal, and stated that it is confident that a proper application of the law and facts will result in an overturning of the anti-dumping decision.

“NAUE has had a long involvement in the Australian market and is, as the inventor of these GCL products, well-regarded for high-quality materials and technical innovation,” said managing director Alexander Naue. “We will continue to offer these products [in]to the Australian market at competitive and fair prices.”