The Customs Act 1901 enables the Anti-Dumping Review Panel (ADRP) to hold a conference at any time after receiving a review application. See section 269ZZHA of the Act for ministerial decisions and section 269ZZRA for commissioner’s decisions.
A conference is a meeting between the ADRP member (reviewing member) considering or conducting a review and an interested party or parties.
The purpose is to assist the reviewing member to obtain further information in relation to an application or review. At a conference, the reviewing member might ask a party to clarify an argument, claim or specific detail in an application, submission, report or reinvestigation report.
Conferences are not:
- an opportunity to investigate claims not otherwise raised by parties in an application or submission
- formal hearings where parties can argue their case before the reviewing member.
Conferences occur at the discretion of the reviewing member.
The reviewing member may invite parties they consider appropriate to a conference. These may include:
- representative(s) from the Anti-Dumping Commission (ADC)
- applicant(s) or their representative(s) (if applicable)
- parties who have made submissions or their representative(s) (if applicable)
- a translator (provided by any participant, if required).
Conferences with the ADC
During the course of a review, the reviewing member may require a conference with the ADC only. The purpose of these conferences may include:
- seeking recalculations from the ADC
- seeking clarification regarding recalculations or reinvestigations
- seeking further information from the ADC to assist the member to understand aspects of the commissioner’s findings that are relevant to the review.
Following a conference with the ADC, the reviewing member will prepare a summary of the conference to place on the public record. This occurs for reviews of ministerial decisions and termination decisions of the commissioner only.
Generally, other parties will not be invited to attend these conferences. If the reviewing member requires a further conference with relevant parties, the reviewing member will request a further conference with the affected party.
Conferences are held via teleconference, unless otherwise agreed by the reviewing member and relevant parties.
If a conference occurs before the review is initiated, the applicant must be invited. If the applicant does not attend, and does not provide a reasonable excuse, the reviewing member may reject their application.
If the reviewing member intends to hold a conference, the ADRP secretariat will consult with the relevant parties. The secretariat will provide parties with the conference date, time, dial-in instructions and proposed discussion topics from the reviewing member.
The number of conferences held in the course of a review is at the discretion of the reviewing member.
Conferences typically run between one and two hours.
Timeframe for publishing a conference summary
Under section 269ZZX(1)(a)(iv) , the ADRP is required to publish a non-confidential summary of the further information obtained at conferences relating to a review of:
- a minister’s decision
- a commissioner’s decision to terminate an investigation.
The reviewing member will endeavour to finalise the summary of the conference within 7 days of the date of conference. However, there may be instances where this period is longer. This is because the ADRP is required to consult the participants of the conference and identify any confidential information prior to publication.