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Sunset Reviews Australia’s Practice

Sunset Reviews Australia’s Practice . Article 11.3. “any definitive anti-dumping duty shall be terminated on a date not later than five years from its imposition, unless….”. Article 11.3 ( Cont .).

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Sunset Reviews Australia’s Practice

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  1. Sunset ReviewsAustralia’s Practice

  2. Article 11.3 “any definitive anti-dumping duty shall be terminated on a date not later than five years from its imposition, unless….”

  3. Article 11.3 (Cont.) “the authorities determine …. that the expiry of the duty would be likely to lead to continuation or recurrence of dumping and injury.”

  4. Australia’s Sunset Review Legislation • Customs Act 1901* • Sections 269ZHA to 269ZHG • Continuation of anti-dumping measures * Try http://www.comlaw.gov.au

  5. Australia’s Practice • Notice published 9 months before expiry. • Applications* must be received in 60 days. • No application means measures expire. • Customs has 20 days to consider applications • Customs must either reject or initiate a review. * Form available at www.customs.gov.au

  6. Australia’s Practice (Cont.) • Sunset Review key dates. • Day 0 – Public notice of review . • Day 40 – Submissions from interested parties due. • Day 110 – Customs publishes statement of essential facts (SEF). • Day 130 – Submissions from interested parties concerning SEF due. • Day 155 – Customs makes recommendations to the Minister.

  7. OK, now the hard part! “..whether injury will continue, or recur, would seem to entail a counter-factual analysis of hypothetical future events, based on projected levels of dumped imports, prices and impact on domestic producers.” A Handbook on Anti-Dumping Investigations, Czako etal,WTO, 88-89

  8. Dumping AnalysisRelevant information • Anti-dumping action by other countries. • Current variable factor information. • Exporting pattern following imposition of measures. • Exporter’s distribution links in Australia. • Exporter’s current production capacity utilisation.

  9. Likelihood of Dumping Import Volumes Import Volumes or and and Dumping Margins Dumping Margins Exporter needs to dump to sell at pre-measure volumes ? Exporter does not need to dump to sell at pre-measure volumes ?

  10. Exporter questionnaire. Article 11.2 reviews. Interim duty paid. Monitoring activities. Dumping duty assessments. Dumping into other markets. Application data Import volume statistics. Exporters production capacity. Economic situation in the country of export. Sources of information

  11. The size and growth of the Australian Market. Volume trends. Market share. Price suppression. Price depression. Price sensitivity. Injury Analysis 1. Market trends 2. Price Trends 3. Profitability of the Australian industry 4. Other factors

  12. “ONCE A DUMPING CASE ALWAYS A DUMPING CASE” Index of Economic Freedom; 2005; 49-56, bibl.

  13. In Australia during the last 7 years, 51 measures have been affected by the 5 year sunsetexpiry date. 20 No application 19 Reviewed 12 Application rejected 13 Continued 6 Expired 12 Expired 20 Expired 75% of measures expired - 25% of measures continued

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