Anti-Dumping


Whether involved in an Australian industry producing goods; exporting to Australia; or importing goods into Australia, it is useful to know some basic concepts about Australia's anti-dumping laws.

Trade Measures Branch

It is Customs role to provide access to the anti-dumping/countervailing system for both applicants and respondents. The Trade Measures Branch (Branch) has the responsibility for dumping and subsidy administration. The Branch 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; by making recommendations to the Minister for Home Affairs for the imposition, variation or continuation of the measures; and, by managing the operation of the measures. Also, Customs 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 that is below the "normal value" of the goods. The normal value will usually be based on the domestic price of the goods in the country of export.

Dumping is a form of price differentiation between markets. It is not a prohibited practice under international trade 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) paid by a foreign government that benefits an exporter of the goods to Australia, either directly or indirectly. If the effect of 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 measures are imposed on imported goods to offset the effects of injury in the form of "interim dumping duty" (IDD). (Interim) dumping duties and/or countervailing duties are usually imposed for a five-year period.

A duty imposed to counteract a subsidy is called a "countervailing duty". These duties usually apply for five years.

If importers believe that they have paid too much duty they may apply for a final duty assessment.

An alternative remedy to imposing duty is for the Minister to accept a price undertaking from the exporter. By this means the exporter agrees that future trade will be at or above a minimum export price (equal to the normal value or subsidy). Such undertakings also usually apply for a five-year period.

How do I apply?

Application for Dumping or Countervailing Measures

Application%20for%20dumping%20and%20or%20countervailing%20Application%20form%20B108 Application for dumping and or countervailing duties: Application form (B108)
This document is a PDF document Application for dumping and/or countervailing duties: Guidelines for applicants (July 2009)
Appendices A1-B2

Application for Continuation of Measures

Application%20for%20continuation%20of%20measures%20Application%20form%20B600 Application for continuation of measures: Application form (B600)
This document is a PDF document Application for continuation of measures: Guidelines for applicants (July 2009)

Application for Review/ Revocation of Measures

This document is a PDF document Application for reviewrevocation of measures: Application form (B602)
This document is a PDF document Application for review/revocation of measures: Guidelines for applicants (July 2009)

Duty assessment - for information contact us

This document is a PDF document Liaison function statement

Small/Medium Enterprises

Customs has now appointed a Small/Medium Enterprises (SME) officer who is available to advise SMEs on all anti-dumping/countervailing matters, including advice on lodging applications for new measures; reviews of existing anti-dumping measures; continuation of measures; and, duty assessments.

Contact us

The Liaison and Implementation section (L&I) within the Trade Measures Branch of Customs is available to help all interested parties in understanding and accessing the anti-dumping/countervailing system. A statement of what we are able to provide is in the Liaison Function Statement.

For any dumping and subsidy matters, information is available from the:

Telephone: (+61 2) 6275 6066
Facsimile: (+61 2) 6275 6888

Or by writing to:

Liaison
Trade Measures Branch
Australian Customs and Border Protection Service
5 Constitution Avenue
Canberra ACT 2601
AUSTRALIA

http://www.customs.gov.au/site/page4227.asp modified: 11:56 AM 22 Sep 2009