. /.  WORLD TRADE  
ORGANIZATION   
G/ADP/Q1/AUS/8 
G/SCM/Q1/AUS/8 20 April 2012 
 
(12-2094) 
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 
 
Replies to Questions Posed by the UNITED STATES1 Regarding 
the Notification of AUSTRALIA2 
   The following communication, dated 18 April 2012,  is being circulated at the request of the 
Delegation of Australia. 
 
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 Question 1 
 
 According to the Customs Amendment (Anti-du mping Improvements) Act 2011  
subsection 269ZC(4)(b) is amended to state that, "if the CEO considers that the review applied for should be extended to include any additional matter – recommend to the Minister that the review be extended accordingly."  Subsection 269ZC(4)(b) originally stated that if  
 
"the CEO is satisfied that there is a reasonable prospect that a review of such 
measures as they affect other particular exporters, or as they affect exporters 
generally, may be justified–recommend to the Minister that the review applied for be extended accordingly." 
 Please explain the circumstances that prompted Australia to broaden its ability under 
this subsection to extend a review to matters  beyond the number of exporters examined.  In 
addition, please confirm that the consideration to  include "any additional matter" is limited 
only to the product and time frame subject to the review.  
 
Reply 
 
Australia thanks the United States for its questions.   
 
Please note that the questions erroneously refer to the Customs Amendment (Anti-dumping 
Improvements) Act 2011 instead of the Customs Amendment (Anti- dumping Measures) Act 2011 .  
Though both the Customs Amendment (Anti-dum ping Improvements) Act 20113 and the Customs 
Amendment (Anti-dumping Measures) Act4 amend the Customs Act 1901 (Customs Act), the Act 
relevant to the questions is the Customs Amendment (Anti- dumping Measures) Act 2011 . 
                                                      
1 G/ADP/Q1/AUS/7-G/SCM/Q1/AUS/7.   
2 G/ADP/N/1/AUS/2/Suppl.4 an d G/ADP/N/1/AUS/2/Suppl.5. 
3 G/ADP/N/AUS/2/Suppl.4. 
4 G/ADP/N/AUS/2/Suppl.5. G/ADP/Q1/AUS/8 
G/SCM/Q1/AUS/8 Page 2 
 
 
  Australia's legislation allows interested parties to apply for a review of measures ahead of the 
measures expiring (generally five years after impos ition, unless the criteria is met for continuing the 
measures after five years).  
 The relevant legislation was consid ered by the Full Federal Court in Minister of State for 
Home Affairs v Siam Polyethylene Co Ltd [2010] FCAFC 86.  In that case, the Court found that 
Australia's legislation effectively required Austra lia's investigating authorities to recommend that 
measures be revoked in every review of measures (inc luding in a review of "variable factors", which 
is undertaken to adjust or update the level of meas ures), unless positively satisfied that there is present 
dumping causing material injury to the Australian industry. 
 
The amendments contained in the Customs Amendment (Anti-dumping Measures) Act 2011  
introduced separate avenues for revi ews of measures so that revocation need not be considered in 
every review (such as a variable factors review) where this is not warranted by the facts.  
 
The amendment to paragraph 269ZC(4)(b) ensures that if an interested party applies for a 
variable factors review (a review of the level of  the measures), and the application raises grounds for 
the revocation of the relevant measures, the CEO of Customs and Border Protection can recommend 
that the variable factors review be extended to cover the "additional matter" of revocation. 
 
It should be noted that the provision will not apply the review beyond the scope of the 
original measures.    
Typically, the power to extend the review will be applied where an individual importer or 
exporter seeks a review of the measures in so far as the measures affect their particular business 
(e.g. a request for review of an exporter-specific ra te of duty) and during the course of examining the 
request the CEO of Customs and Border Protection becomes satisfied that th e evidence justifying the 
need for a review for that particular importer or exporter would equally appl y to other importers and 
exporters.  In this situation, the CEO would recomme nd to the Minister that he/she extend the review 
accordingly.  
The review is limited to a review of the goods  as identified in the original measures.  The 
review will not extend the life of the measures and will not affect the expiry date of the measures.  
 
Question 2  
 
 We note the Customs Amendment (Anti-Dumping Improvements) Act 2011  also refers to 
countervailing duties.  When does Australia in tend to notify these regulations to the WTO 
Committee on Subsidies and Countervailing Measures?  
 
Reply 
 
A notification to the WTO Committee on S ubsidies and Countervailing Measures in 
accordance with Article 32.6 of the WTO Agreement on Subsidie s and Countervailing Measures has 
recently been submitted for both the Customs Amendment (Anti-Dumpi ng Measures) Act 2011 and the 
Customs Amendment (Anti-Dumpi ng Improvement Measures) Act 2011 . 
 
 
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