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Australian Anti-dumping Practice and Potential Changes. Australian Customs - Trade Measures Branch. Overview of Australian AD System. Australia’s AD system is administered by the Australian Customs Service. WTO consistent: Anti-Dumping Agreement Subsidies Agreement.

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Australian Customs - Trade Measures Branch


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    Presentation Transcript
    1. Australian Anti-dumping Practice and Potential Changes Australian Customs - Trade Measures Branch

    2. Overview of Australian AD System Australia’s AD system is administered by the Australian Customs Service • WTO consistent: • Anti-Dumping Agreement • Subsidies Agreement Australian Customs - Trade Measures Branch Customs - Trade Measures Branch • Transparent: • published laws and regulations • Customs Act 1901 • Customs Tariff (Anti-Dumping) Act 1975 • open procedures • public record

    3. Overview of Australian AD System (cont) Judicial and merits review are available Australia does not have a public interest test but has a policy of always applying the lesser duty rule. Australian Customs - Trade Measures Branch Customs - Trade Measures Branch

    4. Trade Measures Branch Australia’s legislation is administered by Trade Measures Branch in Customs Carry out investigations for the CEO of Customs to report to the Minister for Justice and Customs Australian Customs - Trade Measures Branch CEO decides whether to initiate a case • Minister decides whether to impose measures based on CEO report

    5. Application received by Customs • the application properly documented • there sufficient industry support; and • there appear to be reasonable grounds for investigation -20 0 The Process - Pre-Investigation • Pre-lodgement • advice available to any party on what is required in an application (initial cases, reviews, accelerated reviews and continuation enquiries • pre-lodgement documentation check Australian Customs - Trade Measures Branch

    6. The Process - Investigation Initiation of investigation - verification visits to Australian industry - injury analysis - verification visits to importers/end users 0 • Submissions in response to • application due • - verification visits to exporters to assess normal values & export prices • determine dumping margins • injury and causal link • - are provisional measures warranted? 40 Australian Customs - Trade Measures Branch Provisional measures (securities)may be imposed from this point - normal value, export price and dumping margin calculations confirmed - preparation of the statement of essential facts 60+ Statement of Essential Facts - commence drafting final report 110 Submissions in response to Statement of Essential facts due - review facts in light of issues raised in submissions - finalise report and calculate measures, if any 130 REPORT TO MINISTER 155

    7. Joint Study • In 2006, Customs and Australia’s industry department undertook a Joint Study into administrative aspects of Australia’s anti-dumping system. • The study addressed the following key issues: • access to the system (cost & complexity); • consistency and transparency in decision-making; and • the public file system and meaningful summaries of confidential information. • Joint study report made 22 recommendations. Australian Customs - Trade Measures Branch

    8. Joint Study - continued Some of the main changes arising out of the Joint Study were: • The introduction of step-by-step, plain English, easy to follow guidelines to assist applicants, particularly small and medium sized enterprises, complete applications under the anti-dumping system. • The replacement of the five day draft application assessment with an optional 10 working day review that considers whether an application is properly documented. Australian Customs - Trade Measures Branch

    9. Joint Study - continued • The appointment of an ‘SME officer’. • New guidelines for assessing applications to promote consistency • To improve transparency - deletions from public file documents must be followed by a [bracketed] summary of the information deleted. • Customs will be making public file records available to interested parties on its website. • The Joint Study report and full list of recommendations can be found at the Australian Customs website at www.customs.gov.au • · Australian Customs - Trade Measures Branch

    10. Review of AD System The Australian government has announced that there will be a policy review of Australia’s anti-dumping system. The terms of reference and timing of the review have not yet been announced. Australian Customs - Trade Measures Branch