Australian Industry

Before any action may be taken against dumped or subsidised goods, the Australian industry concerned must demonstrate not only that there is dumping (or a subsidy) occurring but also that it has suffered material injury as a result. This is done through an application for dumping and/or countervailing duties.

Where the industry's claims warrant an investigation, Customs and Border Protection will publicly notify the investigation and write to all known importers and exporters of the goods inviting their participation in the investigation.

Importers/exporters

In advising importers and exporters of the initiation of an investigation, Customs and Border Protection will also seek information on relevant import and export transactions. This information is required within 37 days of the commencement of the investigation.

Customs and Border Protection may visit the premises of the importers and exporters to undertake further investigations and verify the information provided.

Investigations with the exporter are concerned with assessing a normal value and establishing whether dumping or a subsidy exists. In the case of a subsidy, Customs and Border Protection also consults with the foreign government concerned.

Investigations with the importer are aimed at gathering information on the volume, costs and selling prices of imported product. Importers are given the opportunity to discuss the application and provide information on the Australian market..

How do I lodge an application?

Application forms are available at the "What forms do I require" page..

Pre-lodgement documentation check

You may wish to provide a draft application for a pre-lodgement documentation check. This is a service provided to advise applicants about the documentary completeness of an application before it is formally lodged. For further information on this service, please go to Pre lodgement documentation check guidelines (July 2009).

How will the investigation proceed?

Where dumped or subsidised imports cause (or threaten) material injury to an Australian industry producing like goods, an application can be made to have anti-dumping and or countervailing measured imposed. Once an application is lodged, Customs and Border Protection has up to 20 days to determine whether there is an Australian industry producing like goods, to the allegedly dumped (or subsidised) goods, and there are reasonable grounds for the publication of a dumping or countervailing duty notice. To assist you in understanding this process, please go to Guidelines for the examination of a formally lodged application (July 2009).

If there are reasonable grounds, Customs and Border Protection commences an investigation. A public notice is issued advising of the claims made by the applicant and the details of the investigation process.

Generally, Customs and Border Protection has up to 155 days to complete its investigation and report to the Minister. Generally, submissions from importers, exporters and any other interested parties are due within 37 days from the commencement of the investigation.

From day 60 of the investigation, provisional measures may be imposed (in the form of securities) on imports of the goods. This will only occur when there is sufficient verified information available. A statement of reasons - a Preliminary Affirmative Determination - would accompany such action.

Under certain curcumstances, the CEO of Customs and Border Protection must terminate all or part of an investigation. These circumstances are set out in s 269TDA of the Act and relate to negligible dumping margins or countervailable subsidy, negligible volumes and negligible injury caused by dumping or subsidy.

On or before day 110, Customs and Border Protection must issue a Statement of Essential Facts on which it proposes to base its report to the Minister. Interested parties will then have 20 days to respond and lodge submissions on matters of concern.

After consideration of the submissions received, Customs and Border Protection will report its conclusions and recommendations to the Minister by day 155 of the investigation. A non-confidential version of the report will be placed on the public record after the Minister's decision is announced.

How do I get help with an application?

The Branch can provide assistance to applicants for new measures; reviews or revocation of measures; continuation of measures; and, duty assessments. Please ciontact:

International Trade Remedies Branch
Australian Customs and Border Protection Service
5 Constitution Avenue
Canberra ACT 2601
Australia

• Tel: (02) 6275 6066
• Fax: (02) 6275 6888
• Email: itr@customs.gov.au

Is there an appeal process?

Certain decisions of the CEO of Customs and Border Protection and the Minister may be reviewed by the Anti-Dumping Review Panel.  Applicants must apply within 30 days of the notification of a reviewable decision. For further information please see:

• TMRO homepage (Link to new Anti-Dumping Review Panel website will be available shortly)