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Exporters and importers sometimes use circumvention as a trade strategy to avoid paying dumping or countervailing duties. You can apply for an anti-circumvention inquiry if you are part of the Australian industry producing like goods to those covered by the measures.

Circumvention activities include:

  • assembly of parts in Australia
  • assembly of parts in a third country
  • export of goods through one or more third countries
  • arrangements between exporters
  • avoidance of the intended effect of duty 
  • slight modification of goods

Applying for an inquiry into the avoidance of intended effect of duty

If you are seeking an inquiry into the avoidance of the intended effect of duty, we suggest you read the relevant guidelines [155K BPDF] [26KB DOCX] before submitting your application.

Applying for an inquiry into all other types of circumvention activity

For all other types of circumvention activity, we suggest you read the Application for anti-circumvention inquiry guidelines [PDF 501KB] [DOCX 186KB] before submitting your application. 

This guideline and application form are also relevant if you are seeking an inquiry into the slight modification of goods. In deciding whether a good has been slightly modified, the Anti-Dumping Commission will consider the following types of factors:  

  • each good’s general physical characteristics
  • each good’s end use
  • the interchangeability of each good
  • differences in the processes used to produce each good
  • differences in the cost to produce each good
  • the cost of modification
  • customer preferences and expectations relating to each good
  • the way in which each good is marketed
  • channels of trade and distribution for each good
  • patterns of trade for each good
  • changes in the pricing of each good
  • changes in the export volumes for each good 
  • tariff classifications and statistical codes for each good 

Compliance with anti-dumping measures

The Australian Border Force (ABF) is responsible for collecting and enforcing anti-dumping measures.  

To report any suspicious activities or apparent non-compliance, contact Border Watch.

Protocol for collaborative working arrangements between the Anti-Dumping Commission and the Department of Home Affairs

The Commission, Department of Home Affairs, including the ABF, have agreed to enhance the collaborative working arrangements between them to ensure there is an effective whole-of-government approach to monitoring potential non-compliance and circumvention of anti-dumping measures.

Principles

  1. The agencies will work together to monitor trade flows, assess the effectiveness of measures, and identify possible instances of non-compliance and circumvention of measures.
  2. The agencies will share information about potential instances of non-compliance and circumvention, including through Commission referrals of information about potential non-compliance matters to HA.
  3. The agencies will work together to identify opportunities to improve importers’ voluntary compliance with measures.
  4. The agencies will participate in training opportunities (including exploring new data analytic techniques) to develop greater capability and in-house expertise in relation to monitoring compliance and circumvention.
  5. As required, both agencies will contribute knowledge and expertise to support investigations, compliance activities and anti-circumvention inquiries (as relevant).

Further information about the ABF’s approach to compliance is available on its website.

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Last updated: 13 September 2019

Content ID: 63614