Anti-Dumping Changes - Exporter Reviews

The Assistant Minister for Industry, Innovation and Science, the Hon Mr Laundy, recently introduced the Customs Amendment (Anti-Dumping Measures) Bill 2017 into Parliament.

During his Second Reading Speech, Mr Laundy stated that since 2013, more than 93 new Anti-Dumping or Subsidy investigations have been initiated by the Anti-Dumping Commission, and that there are currently more than 75 final measures in place on dumped or subsidised goods exported to Australia.

Currently, after Anti-Dumping duties have been in place for 12 months, ‘Affected Parties’ are able to apply for a review of measures. The key reasons for the review are to ensure the prevailing measures are current, given the passage of time since the original investigation and/or to enable new exporters to have their particular circumstances reviewed. Any new measures (i.e. dumping and countervailing duties), amongst other things, are required to examine the price the foreign exporter trades in the goods on their domestic market and the price at which the goods are exported to Australia.

The Assistant Minister also stated:-

‘Reviews allow the anti-dumping duties to keep in step with changes in an exporter’s commercial behaviour. If the exporter continues to dump, the duty rate can stay the same or increase. If the exporter has stopped or reduced their rate of dumping, the duty rate can decrease.

Currently, there exists the possibility that foreign exporters subject to duties can subvert the review of measures process to undermine the remedial effects of Australia’s anti-dumping system. Foreign exporters are able to deliberately limit exports of the dutiable goods for a period of time in order to obtain a more favourable rate of duty for future exports. This facilitates the opportunity for exporters to resume dumping and continue to injure Australian industry.

To address this behaviour, which is clearly against the intent of Australia’s anti-dumping system, the government is introducing specific methods to determine export prices for foreign exporters in the review of measures.

To address this behaviour, which is clearly against the intent of Australia’s anti-dumping system, the government is introducing specific methods to determine export prices for foreign exporters in the review of measures.

When an exporter has made no exports during a review period, or has made a small number of exports that are not representative of commercial trade, the Anti-Dumping Commission will be able to use three specific methods to set an export price. This export price then informs the level of dumping duty that is applied to future exports.’

Please do not hesitate to contact one of our advisors if you require any further information on these changes or any Anti-Dumping related matter.

Kind Regards,

Russell Wilkinson

CEO – Trusted Tarder International
E: russell.wilkinson@trustedtrader.com.au
W: www.trustedtrader.com.au
M: +61 428 115 153