Making a request does not start a safeguard inquiry. An inquiry starts only if the minister decides to refer it to the Commissioner of the Australian Trade Remedies Commission (ATRC). The minister may do this in response to a request from Australian industry or at their own discretion.
Before you make a request
Consider the circumstances where the minister may refer a safeguard inquiry:
- An Australian industry produces like or directly competitive products.
- As a result of unforeseen developments, there has been an increase of imports.
- The increase of imports is causing, or threatening to cause, serious injury to the Australian domestic industry.
You can also consider the factors the commissioner investigates in an inquiry.
If you are thinking about making a request, contact our department at trade.remedies@industry.gov.au.
We can explain what safeguard measures are and their limitations, and the processes to request an inquiry. However, we cannot advise what claims to make or assess the likelihood of success of your request.
Who can make a request
Any person or organisation can request a safeguard inquiry for an affected domestic industry.
For example:
- Australian producers
- group of Australian producers
- industry associations
- unions
- authorised representatives.
The Australian Government imposes safeguard measures for an industry that is injured or threatened by increased imports. This industry is made up of the businesses producing like or directly competitive products to the imported goods.
Only one request covering the goods is needed, whether it concerns one product or several related products. Multiple requests about the same goods do not increase the likelihood of a referral.
You may employ a representative to help with your request. If you do, then you must authorise them to act on your behalf.
What to include in your request
You can submit your request in the way you believe most fully addresses the issues. This includes supporting evidence or data.
We’ve listed the main details you should include below.
Your details
For one requester include:
- name of the person, business, industry body or organisation
- Australian Business Number (ABN), where applicable
- contact person or people
- contact information.
For multiple requesters, include these details for each party.
For industry associations or unions making a request on behalf of multiple businesses or employees, include the association or union’s details. Attach each participating business or employee’s details as an appendix.
The Australian industry
Describe the Australian industry, including:
- size, structure and key characteristics
- what proportion of Australian producers support the request (if known).
You do not need to show that you represent a defined percentage of Australian industry. This requirement, known as standing, applies to other types of trade remedies investigations, but not to safeguards.
The local goods
Describe the Australian-produced goods in detail. You can include examples, physical, technical or chemical characteristics, uses, customers, production processes, substitutability, distribution channels, markets, photographs and brochures.
The imported goods
Describe the imported goods in detail. Where possible, include their tariff classification.
The increase in imports
Show there is an increase in imports of goods. Include evidence and data demonstrating the increase in imports was recent, sudden, sharp and significant.
Serious injury and causation
Serious injury means a significant overall impairment of the position of the Australian industry. This is a higher threshold than material injury in anti-dumping and countervailing investigations.
Explain how the increase in imports is causing, or will cause, serious injury to Australian industry. Support this with evidence or data.
Confidential information
If you are including confidential information in your request:
- mark it as confidential
- send a confidential and a non-confidential version.
If the minister initiates an inquiry, the commission will need to publish a non-confidential version on its website. This version will be publicly available for anyone to access.
A non-confidential version should contain:
- summaries of confidential information
- indexed or ranged data where appropriate
- explanations of redactions.
We may not accept information without adequate non-confidential summaries.
We handle any personal and confidential information you provide in line with our department’s Privacy policy. If you need to include personal or confidential information about another person in your response, you will need to inform them about our privacy policy and get their consent to us collecting this information.
How to submit your request
Send your request directly to the minister at Minister.Ayres@industry.gov.au.
If your files are larger than 100MB, contact us at trade.remedies@industry.gov.au to discuss options.