Anti-Dumping in Australia
By Andrew Lacey, McCabes
In accordance with the 1994 World Trade Organisation Agreement on anti-dumping (to which Australia is a signatory), Australian legislation does not prohibit dumping (being the practice of exporting goods at lower than their “normal value” compared to the exporter’s domestic market) but rather regulates dumping through the imposition of “interim dumping duties” where it has caused material injury to the local Australian industry. In Australia, anti-dumping is regulated by the Customs Act 1901 (Cth) and the Customs Tariff (Anti Dumping) Act 1975 (Cth).
Upon application from a producer or manufacturer of like goods with sufficient standing, the Australian Anti-Dumping Commission (“ADC”) will undertake an investigation (with the assistance of submissions from interested parties) into the alleged antidumping practices before making a recommendation to the Minister for Home Affairs. This process typically takes six months. In certain circumstances, provisional anti-dumping measures may be imposed pending a final decision.
An application for review of antidumping measures may be made where a relevant variable factor (such as normal value or export price) has changed or the measures are no longer warranted. Parties affected by anti-dumping measures may also seek judicial and/or administrative review. Limited exemptions to anti-dumping duties apply. Recently, as it is also seen in Europe and the USA, the ADC is investigating alleged dumping by Chinese producers of solar PV panels.
McCabes, Sydney, Australia
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McCabes is a multi-disciplinary law firm with a focus on technical excellence based in Sydney and Newcastle, Australia. McCabes provides astute and commercial legal solutions for its clients. Andrew Lacey heads McCabes’ litigation and dispute resolution team and acts for Australian and international clients across various industries.
published: October 2014