In a recent commentary, the Director-General of the World Trade
Organisation, Pascal Lamy, pointed to a "significant
decline" in initiations of new anti-dumping investigations
from 213 in 2008 down to 153 in 2011.
However, the Australian experience suggests that while the
numbers of actions may have reduced internationally, the intensity
of those investigations in the Australian environment has
increased.
To this effect, it is worth noting the following issues:
In our earlier commentaries on anti-dumping reform we have
referred to the report of the Productivity Commission, its
recommendations and the content of 2 earlier tranches of amending
legislation.
The Australian Federal Government has now introduced its third
tranche of anti-dumping legislation into Federal Parliament.
According to the Media Release from the Minister for Home Affairs
("Minister"), the legislation makes the
following 4 substantive reforms to the anti-dumping system.
Gives the CEO of the Australian Customs and Border Protection
Service ("Customs") or the Minister the
power to act on the basis of "all facts available" in
determining whether a countervailable subsidy has been received or
the amount of a countervailing subsidy if adequate information has
not been provided to Customs by the country of origin or the
company being investigated.
Removes the limitation to the inclusion of profit when
constructing a "normal value" of a good.
Removes the need for a separate review of anti-dumping measures
and a continuation inquiry when they occur in close proximity to
one another
Allows the Minister to utilise additional forms of interim
dumping duty beyond the single form that is currently provided
for.
At the same time, the Minister released 2 reports from the new
International Trade Remedies Forum which made additional
recommendations to improve the anti-dumping system. A fourth
tranche of anti-dumping legislation is likely to be introduced into
the next Parliamentary sittings.
Customs has issued a draft revised Dumping and Subsidiary
Manual with requests for comments by 11 May 2012. The review of the
Manual is intended to incorporate changes to reflect recent changes
to legislation and changes to practice.
Customs has announced the initiation of an investigation into
alleged dumping of polyvinyl chloride homopolymer resin exported
from the Republic of Korea.
Customs has announced that it has terminated its investigation
into alleged dumping of structural timber from Austria, Canada, the
Czech Republic, the Republic of Estonia, the Federal Republic of
Germany and the Republic of Lithuania, Sweden and the United
States.
The WTO committee on Anti-Dumping Practices released a report
as to concerns by member countries into the conduct of various
anti-dumping investigations by other members. This included a
complaint by Japan that Australia's anti-dumping duty from
Japan had been in place for 20 years and that Japan's share
in the Australian market had decreased to 0.5%. While Japan urged a
revocation of the measure, Australia invited Japan to bilateral
talks on the issue.
On 27 April 2012, Customs issued the long-awaited Statement of
Essential Facts ("SEF") in relation to
its investigation as to imposition of anti-dumping and
countervailing duty on aluminium road wheels
("ARW") exported from China. The SEF
indicates that Customs intends to recommend to the Minister that
certain anti-dumping and countervailing duties be imposed on
exports of ARW from China although the quantum of such additional
duties on ARW would depend upon the identity of the exporter.
Interested parties have until 17 May 2012 to make comments on the
SEF to Customs before it makes its final recommendation to the
Minister regarding the imposition of duties. As many would be
aware, the investigation as to ARW follows the imposition of duties
in the European Community and similar investigations into alleged
dumping and subsidies in relation to aluminium extrusions exported
from China.
The Minister met with the International Trade Remedies Forum on
1 May 2012 to discuss the fourth tranche of legislation.
All things considered, the Trade Remedies Division of Customs
will require all the additional resources promised by the Federal
Government. These anti-dumping actions also have a significant
political consequence. For example, there is tension between the
proposal to impose anti-dumping and countervailing duties on ARW
imported into Australia by Australian manufacturers of new vehicles
while, at the same time, those manufacturers are suffering
significant economic challenges and receiving other economic
support from the Federal Government.
As always, we will keep you informed of developments.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
Specific Questions relating to this article should be addressed directly to the author.
Direct trading of the Australian Dollar and the Chinese Yuan Renminbi commenced on 10 April 2013, pursuant to an agreement between the Australian Government and the People's Bank of China.
Twitter
Facebook
Digg 
