G/ADP/Q1/AUS/16  
G/SCM/Q1/AUS/16  
 
19 April 2013  
(13-2073)  Page: 1/4  
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 NOTIFICATIONS OF AUSTRALIA2 
The following communication, dated 18 April 2013, 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 notifications of its 
Customs Tariff (Anti-dumping) Amendment Act (No. 1) 2012
3, Customs Amendment 
(Anti-dumping Improvements) Act (No. 3) 20124, and Customs Amendment (Anti-dumping 
Improvements) Act (No. 1) 20125, 
 
G/ADP/N/1/AUS/2/Suppl.7-G/SCM/N/1/AUS/2/Suppl.5 
 Question 1  
 
The preamble to the notification expl ains that the notified legislation, Customs Tariff 
(Anti-Dumping) Amendment Act (No. 1) 2012 , allows for the use of additional forms of 
interim dumping duty that will be contai ned in "new Regulations which are being 
developed". The notified legislation referenc es section 5BB, which provides that the 
"regulations must prescribe the methods for working out the amount of interim dumping 
duty payable". Please confirm that the refere nce to "regulations" in section 5BB refers 
to the new regulations which are being deve loped. Additionally, when does Australia 
expect to complete the development of th ese new Regulations, and when would they 
enter into force and be notified to the WTO Secretariat? 
 
Reply 
 
The Customs Tariff (Anti-Dumping) Amendment Act (No. 1) 2012 (the Act) amends the Customs 
Tariff (Anti-Dumping) Act 1975 (the Dumping Duty Act).  The “regulations” in section 5BB refer to 
the new Customs Tariff (Anti-Dumping) Regulation 2013 (the Regulations) currently being drafted.  
 
Prior to passing the Act, the method of duty calculation was contained in the Dumping Duty Act but it will now be moved to the Regulations. There was also previously only one method for calculating dumping duties, the combination duty method. The Regulations will now prescribe four 
alternative methods for calculating the amount of interim dumping duty payable on dumped 
goods: 
                                               
1 G/ADP/Q1/AUS/15-G/SCM/Q1/AUS/15. 
2 G/ADP/N/1/AUS/2/Suppl.7-G/SCM/N/1/AU S/2/Suppl.5; G/ADP/N/1/AUS/2/Suppl.8-
G/SCM/N/1/AUS/2/Suppl.6; an d G/ADP/N/1/AUS/2/Suppl.9- G/SCM/N/1/AUS/2/Suppl.7. 
3 G/ADP/N/1/AUS/2/Suppl.7 and G/SCM/N/1/AUS/2/Suppl.5. 
4 G/ADP/N/1/AUS/2/Suppl.8 and G/SCM/N/1/AUS/2/Suppl.6. 
5 G/ADP/N/1/AUS/2/Suppl.9 and G/SCM/N/1/AUS/2/Suppl.7. G/ADP/Q1/AUS/16 • G/SCM/Q1/AUS/16 
 
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   ad valorem  duty method; 
 fixed duty method; 
 floor price duty method; 
 combination duty method. 
Providing the Minister with a number of alternative methods of duty calculation instead of a single 
m e t h o d ,  o f f e r s  a  m o r e  f l e x i b l e  a p p r o a c h  t o  i m p o s i n g  d u t i e s  a s  e a c h  m e t h o d  o f f e r s  d i f f e r e n t  
advantages depending on the circumstances.  
 These regulations will be complete and enter into force around 11 June 2013 when the relevant 
sections of the Act take effect through proclamation. The Regulations will be notified to the WTO 
Secretariat as soon as possible after that date.  G/ADP/N/1/AUS/2/Suppl.8-G/SCM/N/1/AUS/2/Suppl.6  
 Question 2  
The notified legislation, Customs Amendment (Anti-dumping Improvements) Act (No.3) 
2012, references  section 269ZDBH (2)(a) which states  that the Minister has the 
authority in a circumvention proceeding to alter a notice establishing a duty with 
respect to "the specifications of different good s that are to be the subject of the original 
notice."  
a. Does this authority extend beyond the spec ification in the notice of the types of 
parts referenced in new sections 269ZDBB (2) and (3) of the Act? If so, please 
explain the other circumstances to  which this authority applies. 
b. Please explain what, if any, examinatio n the Australian authority conducts to 
ascertain that it has made an injury de termination encompassing the "different 
goods" specified in section 269ZDBH(2)(a) of the Act. 
Reply 
 
The Minister’s authority to vary the original notice imposing the measures by specifying different goods is not limited to the types of parts spec ified in subsections 269ZDBB(2) and (3) of the 
Customs Amendment (Anti-dumping Improvements) Act (No.3) 2012 . The Minister may make any 
reasonable alteration to the notice considered necessary to address circumvention activities that 
are found to have occurred.  
While section 269ZDBH provides a list of alterations that may be made to the original notice, it is 
not exhaustive. Any reasonable alteration may be made to address circumvention activities that are found to have occurred. 
 
The details of the chosen alteration to the origin al notice must be made clear in the Minister’s 
subsection 269ZDBH(1) declaration notice. Also, although it is not specified as a requirement of the CEO’s report to the Minister, as a matter of practicality the CEO’s report will need to outline 
the recommended alterations to the original notice. 
 In an anti-circumvention inquiry, Australia does not re-determine the level of injury to domestic 
industry. 
 Australia notes that the provisions implementing the anti-circumvention inquiry system will not 
take effect until proclaimed by the Governor-General of Australia or otherwise automatically on the 
12 June 2013.  G/ADP/N/1/AUS/2/Suppl.9-G/SCM/N/1/AUS/2/Suppl.7 
 Question 3  
The notified legislation, Customs Amendment (Anti-dumping Improvements) Act (No. 1) 
2012 , references section 269ZL which establis hes a Review Panel that replaces the 
Trade Measures Review Officer for the purpos es of reviewing decisions by the Minister G/ADP/Q1/AUS/16 • G/SCM/Q1/AUS/16 
 
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  and Chief Executive Officer (CEO). Plea se explain whether the Review Panel's 
recommendations are binding or if the Minister may decide not to impose a 
recommendation or has the ability to modify  the terms put forth by the Review Panel. 
 
Reply 
 
The Review Panel as established under the Customs Amendment (Anti-dumping Improvements) 
Act (No. 1) 2012 replaces the Trade Measures Review Officer.  
 When reviewing a Ministerial decision, the Review Panel can make a recommendation to the Minister to either affirm the original decision or revoke the original decision and substitute a 
specified new decision. The Minister is not bound to follow the Review Panel’s recommendation in 
relation to the review of a Ministerial decision. As the relevant decision maker, the Minister is able to either affirm the original notice or revoke the original decision and substitute a specified new 
decision whether it accords with the Review Panel’s recommendation or not. 
 The procedure for reviewing decisions of the Ch ief Executive Officer (CEO) of the Australian 
Customs and Border Protection Service has not changed. The Review Panel’s decision takes effect 
as though it were the decision of the CEO as is currently the case. Again as is currently the case in a review of a CEO decision, the Review Panel can ei ther affirm or revoke the decision, or revoke 
and substitute a new decision (depending on the CEO decision being reviewed).  
 
Australian notes that the Anti- Dumping Commissioner will be replacing the CEO as the relevant responsible officer in relation to decisions appealable to the Review Panel as of 1 July 2013. 
 
Question 4  
The notified legislation references section 269ZZYB, which establishes the International 
Trade Remedies Forum ("the Forum"). Sectio n 269ZZYC lists the functions of the Forum 
as: (a) advising the Minister on the operation of Part XVB of the Customs Act of 1901  
and of the Customs Tariff (Anti-Dumping) Act 1975 ; and (b) advising the Minister on 
improvements to the acts.  
 
a. Please explain whether the Forum ma y provide advice to the Minister 
concerning specific, ongoing trade remedy  proceedings and measures in force.  
b. Please describe how recommendation s by the Forum may be brought for 
consideration to the Minister and if the Minister is obligated to implement the 
recommendations.  
c. Please clarify whether recommendati ons provided by the Forum will be 
available to the public and whether ther e will be an opportunity for interested 
parties to comment. 
Reply 
 
The International Trade Remedies Forum (“the Foru m”) is a stakeholder body established by the 
Government to provide strategic advice and feedback to the Minister on the operation of 
Australia’s anti-dumping system and on the implem entation and monitoring of recent and future 
reforms to this system. It is to play an ongoing advisory role regarding the effective operation of 
the anti-dumping system, including options for further improvements that could be made in the 
future.  The Forum is a purely advisory body and the remit of this advice is confined to general policy and 
operational. The Forum’s remit does not extend to any specific, ongoing trade remedy proceedings 
or measures in force. As a result, the Forum does not make any recommendations to the Minister 
in relation to trade remedy proceedings or measures. 
 
The Forum can bring recommendations on policy and operational matters to the Minister during meetings of the Forum, which are held at least twice each year. The Minister is often in attendance 
at these meetings so Forum members may engage the Minister directly at these meetings or 
through members of the Customs and Border Protection Service and other government agencies. G/ADP/Q1/AUS/16 • G/SCM/Q1/AUS/16 
 
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  Minutes, outcomes and action items are also conv eyed to the Minister after each meeting, and 
Forum members can write to the Minister’s office directly.   The Forum, from time to time, will also provide the Government with formal reports which are 
generally prepared by working groups establishe d to advise on specific policy issues. These 
working groups may examine issues at the reques t of the Minister and provide recommendations 
in the form of a formal report. Past working grou ps have addressed the issues of Market Situation 
and Close Processed Agricultural Goods. 
 The recommendations of the Forum working groups  are published in final reports, which are 
available to the public on the Customs and Border Protection Service  website 
(http://www.customs.gov.au/site/Inte rnationalTradeRemediesForum.asp ). 
 
From mid-2013, the minutes of meetings are to be made public on the Forum’s website. 
 
Australia notes that the Forum has been operating on an administrative basis for the last 18 months. 
 
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