Strengthening Australia's anti-dumping system

​In June 2011, the Australian Government announced reforms to Australia’s anti-dumping system aimed at improving the timeliness of anti-dumping investigations, boosting resources to ensure compliance with the system, improving decision making, providing small and medium sized businesses with better access to the system, and ensuring closer alignment between Australia’s system and anti-dumping and countervailing arrangements in other countries.

The Government will now make further improvements to Australia's anti-dumping system to complement the substantial reforms to the system announced in June 2011. The new reforms will further improve the responsiveness, efficiency and effectiveness of the anti-dumping system and reduce its cost and complexity for industry. All of the reforms are intended to comply with Australia’s World Trade Organization (WTO) and other international trade obligations. They are also consistent with the Government’s strong and historic support for genuinely free and fair trade and for Australia to operate as an open and dynamic market economy.

The reforms will be implemented in consultation with the International Trade Remedies Forum, a stakeholder body established to provide strategic advice and feedback to the Government on the operation of the system, potential further improvements to the system and the implementation of reforms. The reforms are as follows.

Remove the mandatory consideration of lesser duty

  • Allow dumping duties to be imposed to the highest permissible level under WTO rules in complex cases, including where a number of Australian small and medium sized enterprises are being injured.
  • This change reduces the negative impact of the complications and delays associated with calculating the level of dumping duties to be imposed in complex cases. It will ensure injury to Australian industry from dumping is more effectively and quickly addressed.

Clarify the application of retroactive duties

  • The existing legislation allows retroactive duties to be imposed in serious cases, but the legislation in this respect is complex and difficult to apply.
  • Clarifying the legislation will make it clearer that the relevant Minister can impose retroactive dumping duties in serious cases, where there has been a history of dumping for a protracted period and goods are being dumped in large volumes over a relatively short period, such that the remedial impact of the measures would be undermined to a considerable extent.
  • Changes will also be made to import declaration requirements to improve importer awareness and to ensure that importers who are importing goods which are the subject of an investigation make reasonable inquiries about whether their particular imports are dumped or subsidised. This requirement will create incentives for importers to collect supporting evidence and declare their findings on suspected dumped goods to the Australian Customs and Border Protection Service.

Introduce a new review mechanism

  • In some cases where dumping has been found to occur and duties have been imposed, the “export price” is increased in line with the anti-dumping measures yet the goods continue to be sold in the Australian market at a lower price. These arrangements may reflect behaviours aimed at circumventing Australia’s anti-dumping system.
  • The existing legislative provisions allowing reviews of “sales at a loss cases” will be supplemented by new provisions aimed at reducing the complexity of these sorts of reviews and make them more effective by focusing on the specific issue in question, such as the true export price.

Improvements to the Infringement Notice Scheme

  • Penalties under the Infringement Notice Scheme will be increased in cases where importers make false and misleading statements to the Australian Customs and Border Protection Service that result in loss of dumping, countervailing or other Customs duties.
  • The increased penalties will provide a more effective deterrent against importers making false or misleading statements in an attempt to circumvent duties.

Resourcing the International Trade Remedies Adviser

  • In its 2011 reforms, the Government acknowledged that access to the anti-dumping system is complex and expensive for small and medium sized enterprises, and provided funding to support a new International Trade Remedies Adviser to assist Small and Medium Enterprises (SMEs) with anti-dumping and countervailing investigations until December 2013.
  • Since the creation of this position, there has been strong demand for the services of the International Trade Remedies Adviser. The Government will now extend the funding for this position for another two years.  This will allow the International Trade Remedies Adviser to continue providing information, advice and support for SMEs whose businesses are being injured by dumping or who want to otherwise participate in anti-dumping investigations.

Resourcing the anti-dumping system

  • The Government will significantly increase the resources and expertise of the Australian anti-dumping administration by allocating an additional $24.4 million to 2016-17.\
  • This will ensure the system can respond to complaints by Australian industry and make decisions in a timely and rigorous fashion so that Australian producers do not face delays due to a rising workload and more complex cases coming before the anti-dumping system.
  • Additional resources will strengthen the skills and experience of officers administering the anti-dumping system, strengthen the rigour of anti-dumping investigations, improve access to the system for SMEs, reduce red tape and improve transparency and public confidence in the system.
Share this Page