G/ADP/N/1/AUS/2/Suppl.17  
G/SCM/N/1/AUS/2/Suppl.15  
 
25 January 2018 
(18-0618) 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  
AUSTRALIA  
Supplement  
The following communication, dated 22 January 2018, is being circulated at the request of the 
Delegation of Australia . 
 
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Pursuant to Article 18.5 of the WTO Anti -Dumping Agreement and Article 32.6 of the 
WTO Agreement on Subsidies and Countervailing Measures, please find attached the Customs 
Amendment (Anti -Dumping Measures) Act 2017 . The Act  received Royal Assent on 
30 October 2017 and commenced on 31 October 2017.  
 
The Customs Amendment (Anti -Dumping Measures) Act 2017  amends the Customs Act 1901  
(the Customs Act) to provide greater certainty in the determination of export prices for exporters 
to Australia, subject to anti -dumping and countervailing duties, in reviews of anti -dumping 
measures under Division 5 of the Customs Act.  The amendments provide a range of methods to 
determine appropriate export prices where there are no exports, or a low volume of exports, 
during the period examined for a review of measures.  
 
The methods are not hierarchical.  The Minister may have regard to any method that he or she 
considers is most appropriate to apply to the circumstances of the case.  
 G/ADP/N/1/AUS/2/Suppl.17 • G/SCM/N/1/AUS/2/Suppl.15  
 
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  Customs Amendment ( Anti-Dumping  Measures) Act 2017  
No. 119, 2017  
An Act to amend the Customs Act 1901 , and for related purposes  
The Parliament of Australia enacts:  
1 Short title  
 This Act is the Customs Amendment ( Anti-Dumping  Measures) Act 2017.  
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  
Provisions  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.  30 October 2017  
2. Schedule  1 The day after this Act receives the 
Royal Assent.  31 October 2017  
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 inf ormation in it may be edited, in any published version of 
this Act.  
3 Schedules  
Legislation 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.  
Schedule 1 —Amendments  
Customs Act 1901  
1 Subsection 269TAB(1A)  
Repeal the subsection.  
2 After subsection 269TAB(2)  
Insert:  
(2A) If an export price of goods exported to Australia is being ascertained for the purposes of 
conducting a review of anti-dumping  measures under Division 5, the price may, despite 
subsection (1), be determined by the Minister in accordance with subsection  (2B) if: 
(a) the price is being ascertained in relation to an exporter of those goods (whether 
the review is of the measures as they affect a particular exporter of those 
goods, or as they affect exporters of those goods generally); and  
(b) the Minister deter mines that there is insufficient or unreliable information to 
ascertain the price due to an absence or low volume of exports of those goods 
to Australia by that exporter having regard to the following:  G/ADP/N/1/AUS/2/Suppl.17 • G/SCM/N/1/AUS/2/Suppl.15  
 
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  (i) previous volumes of exports of those goods to Aust ralia by that exporter;  
(ii) patterns of trade for like goods;  
(iii) factors affecting patterns of trade for like goods that are not within the 
control of the exporter.  
Note:  If there is an absence of exports of those goods to Australia by that exporter, 
the Minister may deem such exports to have taken place for the purposes of 
ascertaining an export price: see subsection (2C).  
(2B) For the purposes of subsection (2A), the export price of those goods is the price 
determined by the Minister to be the export  price, having regard to any of the 
following:  
(a) the export price for the goods exported to Australia by the exporter established 
in accordance with subsection (1) of this section for a decision of a kind 
mentioned in subsection (2D);  
(b) the price paid or payable for like goods sold by the exporter in arms length 
transactions for exportation from the country of export to a third country 
determined by the Minister to be an appropriate third country;  
(c) the export price for like goods exported to Australi a from the country of export 
by another exporter or exporters established in accordance with subsection (1) 
of this section for a decision mentioned in subsection (2D).  
(2C) For the purposes of conducting the review of anti-dumping  measures under Division 5, 
if there is an absence of exports of those goods to Australia by the exporter, the 
Minister may deem such exports to have occurred for the purposes of applying 
subsections (2A) and (2B) of this section.  
(2D) For the purposes of paragraphs (2B)(a) and (c ), the decisions are the following:  
(a) deciding to publish a notice under any of the following provisions:  
(i) subsection 269TG(1) or (2) (dumping duties);  
(ii) subsection 269TJ(1) or (2) (countervailing duties);  
(iii) subsection 269ZDB(1) (reviews of anti-dumping  measures);  
(iv) subsection 269ZDBH(1) ( anti-circumvention  inquiries);  
(v) subsection 269ZG(3) (accelerated review);  
(vi) subsection 269ZHG(1) (continuation of anti-dumping  measures);  
(b) any other decision under this Act of a kind prescribed by the regulations.  
(2E) For the purposes of paragraph (2B)(c), the decision must be a decision made during 
the period:  
(a) beginning 2 years before the day the Commissioner published notice of the 
review  under subsection 269ZC(4), (5) or (6); and  
(b) ending on the day notice of the review is published under 
subsection  269ZDB(1).  G/ADP/N/1/AUS/2/Suppl.17 • G/SCM/N/1/AUS/2/Suppl.15  
 
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  (2F) Without limiting the generality of the matters that may be taken into account by the 
Minister in determining whether a thir d country is an appropriate third country for the 
purposes of paragraph (2B)(b), the Minister may have regard to the following 
matters:  
(a) whether the volume of trade from the country of export to the third country is 
similar to the volume of trade from t he country of export to Australia;  
(b) whether the nature of the trade in goods concerned between the country of 
export and the third country is similar to the nature of trade between the 
country of export and Australia.  
(2G) If the export price of goods e xported to Australia has been ascertained under 
subsection (2B), the export price may be subject to such adjustments that the 
Minister determines are necessary to reflect what the export price would have been 
had there not been an absence or low volume of exports, including:  
(a) adjustments due to exports (on which the export price is based) relating to 
earlier times; or  
(b) adjustments due to exports (on which the export price is based) relating to not 
identical goods.  
3 At the end of section 269TAB  
Add: 
(6) For the purposes of paragraphs (1)(a) and (2B)(b), the reference in those paragraphs 
to the price paid or payable for goods is a reference to that price after deducting any 
amount that is determined by the Minister to be a reimbursement of the kind ref erred 
to in subsection  269TAA(1A) in respect of that transaction.  
4 Application of amendments  
The amendments made by this Schedule apply in relation to the following:  
(a) a review under Division 5 of Part XVB of the Customs Act 1901  for which an 
applicatio n is lodged, or request is made, on or after the commencement of this 
Schedule;  
(b) such a review that was being undertaken immediately before the commencement of 
this Schedule but for which a declaration in accordance with subsection 269ZDB(1) of 
that Act  had not been made at that time;  
(c) an application for such a review that was lodged, or a request for such a review that 
was made, before the commencement of this item but for which a notice of a review 
under subsection 269ZC(4), (5) or (6) of that Act h ad not been made at that 
commencement.  
 
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