G/ADP/Q1/AUS/19  
G/SCM/Q1/AUS/19  
 
5 April 2016  
(16-1898)  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 
QUESTIONS POSED BY THE UN ITED STATES REGARDING 
THE NOTIFICATION OF AUSTRALIA1 
The following communication, dated 2 April 2016, is being circulated at the request of the 
Delegation of the United States. 
 
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 The United States thanks Australia for its notification of Customs Amendment (Anti-Dumping 
Measures) Act (No. 1) 2015 and the Customs Tariff (Anti-Dumping) Amendment Act 2015 , and 
poses the following questions
2: 
 Question 1 
 
Several subsections, including, for example, subsections 269TAF(4) and (7), paragraphs 269TA(3)(a) and (b), and paragraph 269ZC(4)(a) are revised to indicate that notices 
will no longer be published in newspapers and/or the Gazette  and will instead be published on the 
Anti-dumping Commission's website. Please 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 .  
 
Question 2  
Subsection 269TB(5) states that an application is considered to be submitted to the authority once 
it "is first received by a Commission staff member doing duty in relation to dumping applications." This phrase is repeated in 23 Paragraph 269TC(b), 24 Subsection 269W(2)(2A), 26 Subsection 
269ZB(3), 31 Subsection 269ZCB(3), 36 Subsec tion 269ZDBD(3), 41 Subsection 269ZF(2), and 
45 Subsection 269ZHC(2). How does the applican t confirm receipt of it application by the 
Commission staff? Does the Commission issue receipts for filed documents?  
Question 3 
 New subsection 269TDA(14B)(b)(ii) of the Customs Act, 1901, states that imports from multiple 
countries are eligible 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 investigation periods of those investigation periods for all the investigations of those exportations 
overlap significantly." 
 
a. Do the "investigation periods" referenced in this provision refer to the periods of 
investigation for injury, dumping/subsidization, or both? 
                                               
1 G/ADP/N/1/AUS/2/Suppl.15-G/SCM/N/1/AUS/2/Suppl.13 (dated 18 September 2015). 
2 For the sake of efficiency, the Un ited States suggests that committee review for these questions be 
conducted in the Committee on Anti-Dumping Practices. G/ADP/Q1/AUS/19 • G/SCM/Q1/AUS/19 
 
- 2 - 
 
  b. Please explain the meaning of the term "overl ap 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 significantly"  standard is consistent the requirement of 
Article 3.3 of the AD Agreement and Articl e 15.3 of the SCM Agreement that imports 
from different countries must be "simultaneously" subject to investigation to be eligible 
for cumulation. 
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