This page belongs to: Anti-Dumping Review Panel

Applying for an Anti-Dumping Review Panel review

To apply for a review of a decision of the minister or the Commissioner of the Anti-Dumping Commission, you must submit an application to the Anti-Dumping Review Panel. 

There are 2 types of decisions you can apply for: 

  1. decisions of the minister

  2. decisions of the commissioner. 

Reviewing a decision of the minister

You can apply for a review of the following decisions of the minister:

  • to publish a dumping duty or countervailing duty notice (s 269TG(1) or (2) or 269TJ(1) or (2))
  • to publish a third country countervailing duty notice (s 269TK(1) or (2))
  • to publish a third country dumping duty notice (s 269TH(1) or (2))
  • the decision not to publish a dumping duty notice or countervailing notice (s 269TL(1))
  • decision of the Minister following a review of anti-dumping measures (s 269ZDB(1))
  • to secure or not secure the continuation of anti-dumping measures following a continuation inquiry (s 269ZHG(1))
  • to alter or not alter a dumping duty notice or a countervailing duty notice following an anti-circumvention inquiry (s 269ZDBH(1)).

To apply you must be an interested party. An ‘interested party’ is defined in section 269ZX of the Customs Act 1901.

Application form

Your application must be made within 30 days of the decision being published, using the application form.

Reviewing a decision of the commissioner

You can apply for review of the following decisions of the commissioner:

  • negative prima facie decision: to reject an application for dumping and countervailing measures (s 269TC(1) or (2)) 
  • termination decision: to terminate an investigation into an application for dumping or countervailing measures (s 269TDA(1), (2), (3), (7), (13), (13A), (14) or (14A)) 
  • negative preliminary decision: to recommend to the Minister the refund of an amount of interim duty less than the amount in an application for duty assessment, or waiver an amount over the amount of interim duty paid (s 269X(6)(b) or (c))
  • rejection decision: to reject an application for duty assessment or terminate the examination of a duty assessment (s 269YA(2), (3) or (4))
  • anti-circumvention inquiry termination: to terminate an anti-circumvention inquiry (s 269ZDBEA(1) or (2)). 

Application form

To apply, you must be the party who lodged the relevant application to the Anti-Dumping Commission.
Your application must be made within 30 days after being notified of the decision, using the application form.

You can email the application to the review panel or post to:

Anti-Dumping Review Panel
c/o Legal, Audit and Assurance Branch
Department of Industry, Science and Resources
GPO Box 2013
Canberra ACT 2601

Confidential Information

If your application contains confidential or commercially sensitive information, you must provide a non-confidential version of the application.

The non-confidential version must contain enough detail to give other interested parties a reasonable understanding of the application. This is a requirement of s.269ZZY of the Customs Act 1901 and the application form approved by the Senior Member.

Under Part C of all applications forms, you must provide a confidential version of the application. You must mark the document ‘CONFIDENTIAL’ at the top of each page.

You must also highlight all information that is confidential or commercially sensitive in yellow. It is your responsibility to highlight all confidential or commercially sensitive information.

The yellow highlight allows the Anti-Dumping Review Panel and its Secretariat to identify the confidential or commercially sensitive information when publishing or preparing material.

Withdrawing your application

You can withdraw your application for a review at any time. 

To withdraw your application you will need to submit the withdrawal form. Please ensure you complete all of the required sections.

Privacy

We collect information from you for the purpose of processing your application and carrying out the review. As part of the review, your information may be shared with the Anti-Dumping Commission. Please refer to our privacy statement.

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