G/ADP/Q1/AUS/20  
G/SCM/Q1/AUS/20  
 
20 April 2016  
(16-2221)  Page: 1/2  
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures 
 Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS 
REPLIES TO QUESTIONS POSED BY THE UNITED STATES1 
REGARDING THE NOTIFICATION OF AUSTRALIA2 
The following communication, dated 19 April 2016, is being circulated at the request of the 
Delegation of Australia. 
 
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 Australia thanks the United States for its questions with regard to Australia's notification of Customs Amendment (Anti-Dumping Measures) Act (No. 1) 2015 and the Customs Tariff 
(Anti-Dumping) Amendment Act 2015.  
 Question 1 
 
Several subsections, including, for ex ample, subsections 269TAF(4) and (7), 
paragraphs 269TA(3)(a) and (b), and paragr aph 269ZC(4)(a) are revised to indicate 
that notices will no longer be pu blished in newspapers and/or the Gazette  and will 
instead be published on the Anti-dumping Co mmission's website. Pl ease clarify whether 
the Anti-dumping Commission website is now the location for official publication of 
notices and that notices will no longer  be announced via newspapers and the Gazette .  
 
Reply 
 
Yes. Australia's anti-dumping legislation now requires notices and public notices under the 
Customs Act 1901  to be published on the website of the Anti-Dumping Commission (the 
Commission) website and no longer requires these notices to be published in a national newspaper 
or the Gazette. 
 
Question 2 
 Subsection 269TB(5) states that an application is considered to be submitted to the 
authority once it "is first received by a Co mmission staff member doing duty in relation 
to dumping applications." This phrase  is repeated in 23 Paragraph 269TC(b), 
24 Subsection 269W(2)(2A), 26 Subsecti on 269ZB(3), 31 Subsection 269ZCB(3), 
36 Subsection 269ZDBD(3), 41 Subsection  269ZF(2), and 45 Subsection 269ZHC(2). 
How does the applicant confirm receipt of it application by the Commission staff? Does the Commission issue receipts for filed documents? 
 
Reply 
 The Commissioner of the Anti-Dumping Commission (the Commissioner) has, under 
subsection 269SMS(2) of the Customs Act 1901 , approved three ways of lodging an application – 
by email, post and facsimile. Receipt of an application is confirmed via the contact details provided 
                                               
1 G/ADP/Q1/AUS/19-G/SCM/Q1/AUS/19 (dated 5 April 2016). 
2 G/ADP/N/1/AUS/2/Suppl.15-G/SCM/N/1/AUS/2/Suppl.13 (dated 18 September 2015). G/ADP/Q1/AUS/20 • G/SCM/Q1/AUS/20 
 
- 2 - 
 
  by the applicant. In most cases, the Commission confirms receipt by email as the majority of 
applications are received by email.  Question 3 
 
New subsection 269TDA(14B)(b)(ii) of the Cu stoms Act, 1901, states that imports from 
multiple countries are elig ible for cumulation if, inter alia , "the investigations of those 
exportations resulted from applications under section 269TB lodged with the 
Commissioner on different days but the inve stigation periods of those investigation 
periods for all the investigations of th ose exportations overlap significantly." 
 
a. Do the "investigation periods" referenced  in this provision refer to the periods 
of investigation for injury, du mping/subsidization, or both? 
Reply 
 
The term investigation period  referred to in subsection 269TDA(14B)(b)(ii) of the Customs 
Act 1901  is defined in Australia's anti-dumping legislation under subsection 269T(1) of the 
Customs Act 1901 . The investigation period refers to the period specified by the Commissioner in a 
notice published under subsection 269TC(4) to not reject an application for a dumping duty notice or a countervailing duty notice.   
Accordingly the term investigation period refers to the period of investigation for both dumping 
and subsidisation cases.  
The period examined for the purposes of injury analysis in a dumping or countervailing 
investigation is determined separately to the investigation period, but generally includes the investigation period. It is usually longer than the investigation period to allow the Commissioner to 
examine trends in the economic condition of the Australian market. The period for injury analysis 
is not defined in Australia's anti-dumping legislation, but is specified by the Commissioner's public notice under subsection 269TC(4) discussed above.  
b. Please explain the meaning of the term "overlap significantly." If the injury 
period of investigation for product X from country A were 2012-2014 and the injury period of investigation for product X from country B were 2013-2015, 
would Australia consider those periods to "overlap significantly?" 
c. Please explain how the "overlap signif icantly" standard is consistent the 
requirement of Article 3.3 of the AD Agreement and Article 15.3 of the 
SCM Agreement that imports from different countries must be "simultaneously" 
subject to investigation to be eligible for cumulation. 
Reply 
 
Since subsection 269TDA(14B) of the Customs Act 1901  was introduced in November 2015, the 
Commission has not yet applied this provision in a dumping or countervailing investigation. The Commission also notes the term 'overlap significantly' is not defined in Australia's legislation. 
Given this, the Commission considers the term 'overlap significantly' and subsection 269TDA(14B) 
would be considered on a case by case basis having regard to relevant factors such as the goods subject to investigation, the circumstances of the exportations and the dumping or subsidisation of 
those exportations. However, the Commission endeavours to interpret Australia's anti-dumping 
legislation consistently with its obligations in the AD Agreement and the SCM Agreement.   
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