G/ADP/Q1/AUS/2 2 
G/SCM/Q1/AUS/2 2 
19 April 2018 
(18-2466) 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  
REPLY TO THE QUESTION1 FROM MEXICO REGARDING THE  
NOTIFICATION OF AUSTRALIA2 
The following communication, dated  19 April 2018, is being circulated at the request of the 
delegation of  Australia . 
 
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Australia thanks Mexico for its question with regard to Australia 's notification of Customs 
Amendment ( Anti-Dumping Measures) Act 2017  and replies as follows.  
 
 
Question  1 
 
Australia's notification sets out  the authority of the Minister to determine the export 
price for a specific exporter (in accordance with  certain criteria) during  reviews of 
anti-dumping measures under Division 5 of the Customs Act , if the Minister  deem s 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 . 
 
Could Australia please indicate whether the exporte r is given an opportunity to comment 
on the Minister's determination o f the unreliability of the information ? 
 
 
Reply  
 
The new legislative provisions do not create or require an additional procedure for interested 
parties, including exporters, to comment on investigations.  The existing submission procedure 
allows interested parties to comment on findings made during reviews of measures, as outlined 
below.  
 
When a review of anti -dumping measures is initiated, an Anti -Dumping Notice is published on the 
Anti-Dumping Commission website.  The Notice includes an invitation to interested parties to lodge 
submissions.  The first submission period in the review is any time up to 37 days from publication 
of the Notice advising of initiation of the investigation.   
 
A Statement of Essential Facts is issued by the Anti -Dumping Commissioner, within 110 days from 
initiation (or by a later deadline as approved by the Commissioner), and interested parties are 
invited to lodge submissions.  The second submission period in the re view is any time up to 
20 days from publication of the Statement of Essential Facts.  
 
Exporters and other interested parties are able to submit comment or arguments about the review 
during these submission periods, including the determination of the export  price and information 
that may be considered insufficient or unreliable.  The Commissioner must consider these 
                                                
1 G/ADP/Q1/AUS/2 1-G/SCM/Q1/AUS/2 1. 
2 G/ADP/N/1/AUS/2/Suppl.17 -G/SCM/N/1/AUS/2/Suppl.15.  G/ADP/Q1/AUS/2 2 • G/SCM/Q1/AUS/2 2 
- 2 - 
  submissions in developing the final report to the Minister.  The Commissioner may consider 
submissions received outside of the two submission peri ods if this would not prevent the timely 
preparation of the Statement of Essential Facts or the report to the Minister.  
 
Within 30 days following the publication of the Minister 's final determination in a review, intereste d 
parties may apply to the Anti -Dumping Review Panel for an independent merits review of the 
decision.  
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