Statement of expectations for the Anti-Dumping Commission

Dear Mr Latina

As Minister for Industry and Innovation, I am writing to outline my expectations for the Anti‑Dumping Commission (the commission).

The work of the commission comes at a critical time for Australian industry facing a rapidly changing international environment and an increasing threat of trade diversion. Australia is a trading nation, and we will continue to support open rules-based trade. But we will take decisive and swift action when our industries are being damaged by unfair trading practices.  

The anti‑dumping system’s role, to create a level playing field by remedying injury caused by dumped or subsidised goods imported into Australia, is essential to support Australian innovation and jobs.

This is why the Government committed to strengthening Australia’s anti‑dumping system. Our strategic and critical minerals producers; vital copper, steel and aluminium smelters; and diverse value-added fabrication industries must all be able to operate on a level playing field with imported goods. I expect you to use every power available to you to ensure that Australian manufacturers across the supply chain are not injured by unfair dumping and subsidisation.

Together with the Treasurer and the Minister for Trade and Tourism, I recently announced that responsibility for safeguard actions will move from the Productivity Commission to the Anti-Dumping Commission. In bringing together responsibility for all trade remedy measures within the commission, I expect you to continue working to better harmonise trade remedy actions to support Australian manufacturers and consumers.

The Government is providing $5 million of additional funding to the commission to support its mission. I expect these additional resources to be applied as soon as possible, to support sustained improvements and capability uplifts with a focus on enhancing efficiency, timeliness, transparency, and overall outcomes for industry. These efforts should contribute to more streamlined processes and a more responsive operational environment.

I expect you to work across government, including with the Australian Border Force (ABF), Department of Foreign Affairs and Trade (DFAT) and Office of National Intelligence (ONI), to deepen your understanding of the geopolitical environment and the global security context in which you operate. I also expect you to work with relevant agencies to strengthen compliance and enforcement activities and address circumvention of anti-dumping measures.

This statement continues many of the themes my predecessor asked of you earlier this year, and I recognise the progress you have made in setting the direction of the commission since your appointment in January 2025. I applaud the commission’s recent work to:

• prioritise making preliminary affirmative determinations at the earliest opportunity, where circumstances warrant, to prevent injury from continuing during investigations;
• streamline operations to reduce timeframes;
• actively engage with industry stakeholders to improve access to the system and gather market intelligence;
• launch a new pre-application service to support potential industry applicants; and
• prioritise timely information and monitoring of global trade data to identify potential trade diversion that could lead to dumping and harm the domestic industry.

Consider the strategic environment

A successful modern economy depends on a strong advanced manufacturing capability.

The Government is building a robust and diverse economy by investing in Australian manufacturing, including through the Future Made in Australia and National Reconstruction Fund initiatives. These initiatives will span our economy from critical mineral extraction, supporting the transition of metals and heavy industries to net zero, and providing a future for advanced manufacturing in this country.  This investment will drive national productivity and competitiveness, and create secure, sustainable and well-paid jobs for Australians.

I expect the anti-dumping system to support this agenda by ensuring a fair and competitive environment that supports and encourages investment into Australia.

The geostrategic environment you operate in has changed rapidly. International overcapacity in key sectors, combined with the increasing use of quotas and tariffs by other countries are altering international trade flows. There is a significant risk of trade diversion and dumping into the Australian market undermining otherwise competitive Australian industry.

You should be responsive to the needs of Australian industry and remedy unfair trade where it is taking place. I expect you to provide me with accurate and timely information on emerging global trade issues, including in relation to any specific industry sectors, enabled by the government’s international networks and informed by industry concerns. You should report to me regularly on the actions you are taking to ensure Australian industry is not being subject to unfair trade.

Effective, timely and accessible remedies

In this time of rapid global change and uncertainty, timely and accessible remedies to unfair trade are critical for Australian businesses.

While I appreciate multiple factors impact case timelines, I am concerned that current case lengths are too long. Material injury caused to Australian industries by dumping and subsidisation is being exacerbated by lengthy investigation timelines.

I expect you to prioritise effective remedies for Australian manufacturers and producers being injured by dumping and subsidisation, including issuing preliminary affirmative determinations, as soon as possible where the circumstances warrant. I recognise the progress you have already made in implementing improvements in this area.

While the commission’s case lengths are published in the Department of Industry, Science and Resources’ Annual Report, I would welcome the commission’s advice on how to establish a more dynamic public reporting regime. I believe this would help drive performance improvement within the commission and streamline operations where necessary to get case timeframes down. This is a high priority, and I expect to see further improvements to timeliness year on year.

The anti-dumping system can only provide effective outcomes for Australian industry if businesses are aware of it and have meaningful access to it. I expect you to proactively reach out to all relevant stakeholders, including manufacturers, producers, unions and importers to provide education on the anti-dumping system and the role of the commission in addressing unfair trade. I expect you to administer the system in a manner that facilitates access to the system. This includes making available, where possible, relevant data about dumped products, ensuring guidance and education material is publicly available and kept up to date, and working collaboratively with stakeholders to enhance their ability to access the system.

The complexity of the anti-dumping system, and the resources required to effectively engage with the system, can reduce meaningful access for small and medium enterprises (SMEs). You should endeavour to understand the challenges facing small to medium business owners and consider this in your engagement with them, with a view to facilitating wider access by businesses to the system. To achieve this, I expect you to collaboratively engage with the International Trade Remedies Advisory Service.

If special circumstances arise that make it appropriate for me, consistent with Australia’s World Trade Organization (WTO) obligations, to request the initiation of an investigation, review of measures or anti-circumvention inquiry, your advice and evidence to me, justifying initiation, must reflect this.

Best practice regulator

I expect you to lead a world-class trade remedies authority. I expect your advice, recommendations and decisions to be developed and discharged in line with relevant legislation; Australia’s international obligations; and to be robust, evidence‑based and provide certainty for all users of the anti-dumping system.

In your role leading a best practice regulator, my expectations are that you:

• strive for continuous improvement of the commission’s performance, capability and culture;
• maintain public trust and confidence in anti-dumping investigations and other related processes;
• continue the commission’s high level of transparency for individual matters, in line with requirements of the Customs Act 1901 and Australian Government privacy and information access rights and requirements;
• explore opportunities and manage the risk associated with incorporating digital and regulatory technology into the work of the commission to improve outcomes;
• ensure any shortcomings identified through merits and judicial reviews are used to inform improved investigative processes, practices and the integrity of subsequent anti‑dumping decisions;
• regularly assess and analyse the commission’s progress against the performance measures established in my department’s Annual Report, and best practice regulatory performance principles encouraged by the Department of Finance; and
• evaluate the performance measures themselves on a regular basis to ensure they remain robust and promote ongoing innovation and improvement.

Engagement across the anti-dumping system

I recognise the important role of the International Trade Remedies Forum (the Forum), and its membership, to advise me on the operations of the anti-dumping system. As convenor of the Forum, you facilitate the work of Forum members in identifying pressure points within the system and opportunities for improvement and present me with their views. This includes convening subcommittees, where appropriate, to support the wider Forum. I also recognise the recent achievement of the forum in presenting its report of the Strengthening the Anti-Dumping System Sub-Committee, and I will further consider the areas recommended by the membership for improvement.

In addition, I expect you to:

• consider how to educate stakeholders about the system and improve access;
• work across government to ensure the system is effectively remedying injury caused by dumping and countervailable subsidisation;
• connect with partner agencies’ data and capabilities to support investigative processes, and where appropriate, provide me with information and analysis to support me as the Minister responsible for the anti‑dumping system;
• work closely with the ABF to assist them in enforcing anti-dumping and countervailing measures and to combat noncompliance by importers;
• maintain a close relationship with DFAT, including in the advancement of Australia’s trade remedies policy goals and interests in the WTO;
• connect with my department, the Treasury, DFAT and ONI and other partner agencies to maintain a contemporary understanding of emerging economic security risks; and
• develop constructive relations with the trade remedy authorities of our key trading partners and engage with regional counterparts to promote best practice in anti-dumping operations based on WTO rules, alongside DFAT.

In engaging with my department, I expect:

• you will keep the Secretary apprised of the operating requirements to carry out your role and function;
• the Secretary will continue to determine the budget and staff allocation for the commission, in consultation with you;
• management of your resources should be done with a view to building and securing the skills, capabilities and culture necessary to support high performance and delivery against emerging demands;
• you to work with the Secretary where relevant and appropriate, including making available the considerable expertise and data holdings of the commission and sharing any market intelligence that can assist the work of my department; and
• the Secretary will ensure my department engages closely with the commission and provides the appropriate support for the commission to progress the expectations contained in this letter.

Statement of Intent

I would appreciate your response to this letter in the form of a statement of intent as soon as practicable. Your response should outline how the commission proposes to meet my expectations and how you will embed best practice regulatory performance principles into its work. To enable greater transparency and accountability, I ask that this statement of expectations and your statement of intent be published on the commission’s website.

Yours sincerely

Tim Ayres

CC: Meghan Quinn PSM, Secretary, Department of Industry, Science and Resources