G/ADP/Q1/AUS/15  
G/SCM/Q1/AUS/15  
 
3 April 2013  
(13-1723)  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 NOTIFICATIONS OF AUSTRALIA1 
The following communication, dated 2 April 2013, is being circulated at the request of the Delegation of the United States.  
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 The United States thanks Australia for its noti fication and poses the following questions with 
regard to Australia's notifications of its Customs Tariff (Anti-dumping) Amendment Act 
(No. 1) 2012
2, Customs Amendment (Anti-dumping Improvements) Act (No. 3) 20123, and 
Customs Amendment (Anti-dumping Improvements) Act (No. 1) 2012 .4  
 
G/ADP/N/1/AUS/2/Suppl.7-G/SCM/N/1/AUS/2/Suppl.5 
 Question 1  
 
The preamble to the notification explains 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 contained in "new Regulations wh ich are being developed". The notified legislation 
references 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 reference to 
"regulations" in section 5BB refers to the new regulations which are being developed. Additionally, 
when does Australia expect to complete the de velopment of these new Regulations, and when 
would they enter into force and be notified to the WTO Secretariat?  
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 establishi ng a duty with respect to "the specifications of 
different goods that are to be the subject of the original notice."  
a. Does this authority extend beyond the specification 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. 
                                               
1 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. 
2 G/ADP/N/1/AUS/2/Suppl.7- G/SCM/N/1/AUS/2/Suppl.5. 
3 G/ADP/N/1/AUS/2/Suppl.8- G/SCM/N/1/AUS/2/Suppl.6. 
4 G/ADP/N/1/AUS/2/Suppl.9- G/SCM/N/1/AUS/2/Suppl.7. G/ADP/Q1/AUS/15 • G/SCM/Q1/AUS/15 
 
- 2 - 
 
  b. Please explain what, if any, examination the Australian authority conducts to ascertain 
that it has made an injury determination encompassing the "different goods" specified in section 269ZDBH(2)(a) of the Act. 
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 establishes a Review Panel that replaces the Trade Measures Review Officer for the purposes of reviewing decisions by the Minister and Chief Executive Officer (CEO). Please 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.  
Question 4 
 The notified legislation references section 269ZZYB, which establishes the International Trade 
Remedies Forum ("the Forum"). Section 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 may provide advice to the Minister concerning 
specific, ongoing trade remedy proceedings and measures in force.  
b. Please describe how recommendations 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 recommendations provided by the Forum will be available to the 
public and whether there will be an opportunity for interested parties to comment. 
 
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