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Government's reforms to Australia’s anti-dumping system

Canberra 26 June 2013. Last night the Senate passed the final two bills to implement the Government's reforms to Australia’s anti-dumping system.

 

“This has been the biggest legislative overhaul of our anti-dumping system in over a decade. These reforms have made the anti-dumping system more responsive and more effective,” Mr Clare said.

 

"These reforms have been made in consultation with Australian industry and help to address the concerns of business, workers and unions."

 

The six tranches of legislation, all passed without amendment, implement a number of changes to Australia’s anti-dumping system:

 

The reforms include:

 

  • Establishing the Australian Anti-Dumping Commission;

 

  • Imposing a time limit on ministerial decision making in anti-dumping and countervailing cases;

 

  • Establishing a new appeals process for anti-dumping matters;

 

  • Establishing the International Trade Remedies Forum in legislation;

 

  • Removing a limitation to the inclusion of profit when constructing a 'normal value' of a good;

 

  • Removing the need for a separate review of anti-dumping measures and continuation inquiries to be run in close proximity to each other;

 

  • Allowing different forms of interim dumping duty to be applied from those currently used;

 

  • Removing the current limitation to the inclusion of profit when calculating the 'normal value' of a good in its country of origin, in certain circumstances;

 

  • Strengthening the provisions that deal with non-cooperation in sampling exercises in investigations, continuation inquiries and reviews;

 

  • Allowing Australian industries, or the Minister, to bring about an anti-circumvention inquiry;

 

  • Removing, in certain circumstances, the need for the Minister to consider the lesser duty rule;

 

  • Clarifying the application of existing retrospective duties provisions; and

 

  • Introducing a new type of anti-circumvention inquiry to address ‘sales at a loss’ cases.

 

“This Bill is not the final word on anti-dumping reform. There is more work to be done, and I look forward to working with business, workers and unions on this important task,” Mr Clare said.

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