G/ADP/N/1/AUS/2/Suppl.7  
G/SCM/N/1/AUS/2/Suppl.5  
 
25 February 2013  
(13-1013)  Page: 1/8  
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  
A
USTRALIA  
Supplement 
 The following communication, dated 7 February 2013, is being circulated at the request of 
the Delegation of Australia.  
_______________ 
  Pursuant to Article 18.5 of the WTO Anti-Dum ping Agreement and Article 32.6 of the WTO 
Agreement on Subsidies and Countervailing Measures, please find attached the Customs Tariff 
(Anti-Dumping) Amendment Act (No. 1) 2012.  
This legislation received Royal Assent on 12 De cember 2012 and will commence no later than 
13 June 2013. It allows the use of additional forms of interim dumping duty beyond the single form that is currently used. The amendments pr ovide that these new forms of duty will be 
contained in new Regulations which are being develo ped and that the forms of duty will include an 
ad valorem  (percentage) duty, a fixed amount of duty, a combination duty, or a floor price. It also 
sets out the principles to be followed in specifying the method for calculating the level of duty. G/ADP/N/1/AUS/2/Suppl.7 • G/SCM/N/1/AUS/2/Suppl.5 
 
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 Contents  
 
1  Short title ................................................................................................................ .... 3 
2  Commencement ............................................................................................................ 3 
3  Schedule(s) .................................................................................................................. 3 
 
Schedule 1 – Amendments 4 
Customs Tariff (Anti-Dumping) Act 1975 4 
 G/ADP/N/1/AUS/2/Suppl.7 • G/SCM/N/1/AUS/2/Suppl.5 
 
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 Customs Tariff (Anti-Dumping) Amendment Act (No. 1) 2012 
 
No. 195, 2012  
 
An Act to amend the Customs Tariff (Anti-Dumping) Act 1975 , and for related purposes 
[Assented to 12 December 2012 ] 
The Parliament of Australia enacts: 
1  Short title 
This Act may be cited as the Customs Tariff (Anti-Dumping) Amendment Act (No. 1) 2012 . 
2  Commencement 
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have 
commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect 
according to its terms. 
 
Commencement information  
Column 1  Column 2  Column 3  
Provision(s)  Commencement  Date/Details  
1.  Sections 1 to 3 
and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 12 December 2012 
2.  Schedule 1 At the same time as Schedule 1 to the Customs 
Amendment (Anti-dumping Improvements) Act (No. 2) 2012  commences.  
Note:  This table relates only to the provisions of this Act as originally enacted. It will not be amended 
to deal with any later amendments of this Act. 
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted 
in this column, or information in it may be edited, in any published version of this Act. 
3  Schedule(s) 
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the 
applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect 
according to its terms. G/ADP/N/1/AUS/2/Suppl.7 • G/SCM/N/1/AUS/2/Suppl.5 
 
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 Schedule 1—Amendments  
 
Customs Tariff (Anti-Dumping) Act 1975 
1  Subsections 8(4) to (5B) 
Repeal the subsections, substitute: 
Calculation of interim dumping duty 
(5) The Minister must, by signed notice, determ ine that the interim dumping duty payable on 
goods the subject of a notice under subsection 269TG(1) or (2) of the Customs Act is an amount 
worked out in accordance with a method specified in that signed notice. That method must be one 
of the methods referred to in subsection (5BB). 
Notice has effect accordingly 
(5A) A notice under subsection (5) has effect accordingly. 
Principles to be followed in specifying method of calculation 
(5B) If: 
 (a) the Minister is required to perform the function under subsection (5) in respect of 
goods the subject of a notice under subsection 269TG(1) or (2) of the Customs Act; and 
 (b) the non-injurious price of goods of that kind  as ascertained, or last ascertained, by the 
Minister for the purpose of the notice is less th an the normal value of goods of that kind as 
so ascertained, or last so ascertained; 
the Minister must, in performing that function, have regard to the desirability of specifying a 
method such that the sum of the following does not exceed that non-injurious price: 
 (c) the export price of goods of that kind as so ascertained or last so ascertained; 
 (d) the interim dumping duty payable on  the goods the subject of the notice. 
(5BA) If: 
 (a) the Minister is required to perform the function under subsection (5) in respect of 
goods the subject of a notice under subsection 269TG(1) or (2) of the Customs Act; and 
 (b) in respect of the same goods and at the same time as that notice was published, a 
notice under section 269TJ of that Act was also published; 
the Minister must, in performing that function, have regard to the desirability of specifying a 
method such that the sum of the following does not exceed the non-injurious price of goods of that 
kind as ascertained, or last ascertained, by the Minister for the purpose of those notices: 
 (c) the export price of goods of that kind as so ascertained or last so ascertained; 
 (d) the interim dumping duty payable on the goods the subject of the notice under 
subsection 269TG(1) or (2) of the Customs Act; 
 (e) the interim countervailing duty payable under section 10 on the goods the subject of 
the notice under section 269TJ of that Act. 
Methods available for calculating interim dumping duty 
(5BB) The regulations must prescribe the methods for working out the amount of interim dumping 
duty payable on goods the subject of notices und er subsection 269TG(1) or (2) of the Customs 
Act. 
(5BC) Those methods must refer to on e or more of the following matters: 
 (a) the export price of the goods the subject of the notice under subsection 269TG(1) or 
(2) of the Customs Act; 
 ( b )  t h e  e x p o r t  p r i c e  o f  g o o d s  o f  t h a t  k i n d  a s  a s c e r t a i n e d ,  o r  l a s t  a s c e r t a i n e d ,  b y  t h e  
Minister for the purpose of the notice; 
 (c) the normal value of goods of that kind as ascertained, or last ascertained, by the 
Minister for the purpose of the notice; G/ADP/N/1/AUS/2/Suppl.7 • G/SCM/N/1/AUS/2/Suppl.5 
 
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  (d) the non-injurious price of goods of that kind  as ascertained, or last ascertained, by the 
Minister for the purpose of the notice. 
(5BD) Those methods may refer to a matter mentioned in paragraph (5BC)(a) as ascertained by 
the Minister. 
(5BE) Subsection (5BC) does not limit the matters  that may be referred to in those methods. 
2  Before subsection 8(5C) 
Insert: 
Publication of interim dumping duty notice 
3  Before subsection 8(5D) 
Insert: 
Application of interim dumping duty notice 
4  Before subsection 8(6) 
Insert: 
Calculation of final dumping duty 
5  Paragraph 8(6)(b) 
Repeal the paragraph, substitute: 
 (b) if the interim dumping duty payable on those particular goods is ascertained by 
reference to the non-injurious price of goods of that kind as ascertained, or last ascertained, 
by the Minister for the purpose of the notice—the difference between: 
 (i) the amount that the Minister ascertains to be the export price of those 
particular goods; and 
 (ii) the lower of the amount that the Minister ascertains to be the normal value of 
those particular goods and that non-injurious price. 
6  Before subsection 8(7) 
Insert: 
Exemptions 
7  Before subsection 8(9) 
Insert: 
Interpretation 
8  Subsections 9(4) to (5A) 
Repeal the subsections, substitute: 
Calculation of interim third country dumping duty 
(5) The Minister must, by signed notice, determine that the interim third country dumping duty 
payable on goods the subject of a notice under su bsection 269TH(1) or (2) of the Customs Act is 
an amount worked out in accordance with a method  specified in that signed notice. That method 
must be one of the methods referred to in subsection (5AB). 
Notice has effect accordingly 
(5A) A notice under subsection (5) has effect accordingly. G/ADP/N/1/AUS/2/Suppl.7 • G/SCM/N/1/AUS/2/Suppl.5 
 
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 Principle to be followed in specifying method of calculation 
(5AA) If: 
 (a) the Minister is required to perform the function under subsection (5) in respect of 
goods the subject of a notice under subsection 269TH(1) or (2) of the Customs Act; and 
 (b) the non-injurious price of goods of that kind  as ascertained, or last ascertained, by the 
Minister for the purpose of the notice is less th an the normal value of goods of that kind as 
so ascertained, or last so ascertained; 
the Minister must, in performing that function, have regard to the desirability of specifying a 
method such that the sum of the following does not exceed that non-injurious price: 
 (c) the export price of goods of that kind as so ascertained or last so ascertained; 
 (d) the interim third country dumping duty  payable on the goods the subject of the 
notice. 
Methods available for calculating interim third country dumping duty 
(5AB) The regulations must prescribe the method s for working out the amount of interim third 
country dumping duty payable on goods the subjec t of notices under subsection 269TH(1) or (2) 
of the Customs Act. 
(5AC) Those methods must refer to on e or more of the following matters: 
 (a) the export price of the goods the subjec t of the notice under subsection 269TH(1) or 
(2) of the Customs Act; 
 ( b )  t h e  e x p o r t  p r i c e  o f  g o o d s  o f  t h a t  k i n d  a s  a s c e r t a i n e d ,  o r  l a s t  a s c e r t a i n e d ,  b y  t h e  
Minister for the purpose of the notice; 
 (c) the normal value of goods of that kind as ascertained, or last ascertained, by the 
Minister for the purpose of the notice; 
 (d) the non-injurious price of goods of that kind  as ascertained, or last ascertained, by the 
Minister for the purpose of the notice. 
(5AD) Those methods may refer to a matter mentioned in paragraph (5AC)(a) as ascertained by 
the Minister. 
(5AE) Subsection (5AC) does not limit the matters  that may be referred to in those methods. 
9  Before subsection 9(5B) 
Insert: 
Publication of interim third country dumping duty notice 
10  Before subsection 9(5C) 
Insert: 
Application of interim third country dumping duty notice 
11  Before subsection 9(6) 
Insert: 
Calculation of final third country dumping duty 
12  Paragraph 9(6)(b) 
Repeal the paragraph, substitute: 
 (b) if the interim third country dumping duty payable on those particular goods is 
ascertained by reference to the non-injurious pric e of goods of that kind as ascertained, or 
last ascertained, by the Minister for the purpose of the notice—the difference between: 
 (i) the amount that the Minister ascertains to be the export price of those 
particular goods; and G/ADP/N/1/AUS/2/Suppl.7 • G/SCM/N/1/AUS/2/Suppl.5 
 
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  (ii) the lower of the amount that the Minister ascertains to be the normal value of 
those particular goods and that non-injurious price. 
13  Before subsection 9(7) 
Insert: 
Exemptions 
14  Paragraph 10(1)(a) 
Omit “subsection 269TJ(1), (2), (4), (5) or (6 )”, substitute “subsection 269TJ(1) or (2)”. 
15  Paragraph 10(1)(b) 
Omit “if the goods are goods to which this section applies by virtue of a notice under subsection 
269TJ(1) or (2)—”. 
16  Paragraph 10(3C)(b) 
Repeal the paragraph, substitute: 
 (b) the export price of goods of that kind as so ascertained, or last so ascertained; 
17  Subsection 10(3C) 
Omit “such that the sum of the export price of those particular goods”, substitute “such that the 
sum of that export price”. 
18  Paragraph 10(3D)(a) 
Repeal the paragraph, substitute: 
 (a) the export price of goods of that kind, as ascertained, or last ascertained, by the 
Minister for the purpose of those notices; and 
19  Paragraph 11(5)(b) 
Repeal the paragraph, substitute: 
 (b) the export price of goods of that kind as so ascertained, or last so ascertained; 
20  Subsection 11(5) 
Omit “such that the sum of the export price of those particular goods”, substitute “such that the 
sum of that export price”. 
21  At the end of the Act 
Add: 
22  Regulations 
The Governor-General may make regulations prescrib ing matters required or permitted by this Act 
to be prescribed. 
22  Saving and transitional provisions 
(1) The amendments made by this Schedule do not affect the validity of a notice (an old 
notice ) given under subsection 8(5) or 9(5) of the Customs Tariff (Anti-Dumping) Act 1975  before 
the commencement of this item. 
(2) However, subitem (1) does not prevent: 
 (a) an old notice being revoked on or after the commencement of this item in accordance 
with subsection 33(3) of the Acts Interpretation Act 1901 ; and 
 (b) either: 
 (i) a notice being given under subsection 8(5) of the Customs Tariff 
(Anti-Dumping) Act 1975 , as amended by this Act, on or after that commencement in G/ADP/N/1/AUS/2/Suppl.7 • G/SCM/N/1/AUS/2/Suppl.5 
 
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 respect of a notice given under subsection 269TG(1) or (2) of the Customs Act 1901 
before that commencement; or 
 (ii) a notice being given under subsection 9(5) of the Customs Tariff 
(Anti-Dumping) Act 1975 , as amended by this Act, on or after that commencement in 
respect of a notice given under subsection 269TH(1) or (2) of the Customs Act 1901 
before that commencement. 
 
 
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