Anti-Dumping

Whether you are an Australian industry; an exporter; or an importer it is useful to know some basic concepts about Australia's anti-dumping procedures.

International Trade Remedies Branch

The International Trade Remedies Branch (ITRB) in Customs and Border Protection is responsible for dumping and subsidy administration, and provides access for both applicants and respondents.

ITRB provides assistance to companies and other interested parties accessing the system by:

  • conducting investigations into the claims made to justify the imposition, varying or continuing measures;
  • making recommendations to the Minister for Home Affairs following investigations; and
  • managing the operation of the measures.

Also, ITRB advises interested parties of their rights and obligations in accessing the system.

What is dumping?

Dumping occurs when goods are exported to Australia at a price below their "normal value" – this is usually the domestic price of the goods in the country of export but costs or other prices may also be used.

Dumping is a form of price differentiation between markets. It is not prohibited under international agreements. However, remedial action may be taken where dumping causes, or threatens to cause, material injury to an Australian industry.

What is a subsidy?

A subsidy is any financial assistance (or income or price support) by a government that benefits, either directly or indirectly, an exporter of the goods to Australia.  If the subsidy causes, or threatens to cause, material injury to an Australian industry, remedial action may be taken.

What happens if measures are imposed?

Dumping and/or countervailing measures apply for five-years. Measures can be reviewed within that time to update them or to consider a revocation request. The measures may be continued beyond the initial five years after application by the Australian industry and inquiry by ITRB.

Importers may apply for a duty refund if they believe they have paid excess anti-dumping duty.

An alternative to imposing duty is a ‘price undertaking’ by the exporter.  The Minister may accept a ‘price undertaking’ where the exporter agrees to conduct future trade at or above a minimum export price (equal to the normal value or subsidy).  Undertakings also usually apply for five years.

Contact us

ITRB will assist any interested parties to understand and access the anti-dumping/countervailing system.

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

http://customs.gov.au/anti-dumping/default.asp modified: 11 December, 2012 9:56 AM