Australia'a Anti-Dumping Policy

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In terms of target countries, from 1995 to 2005, 33 countries were accused of anti-dumping by Australian government. China was faced with 21 anti-dumping investigations, which made up of 11.73% of all the anti-dumping investigations. And in 7cases, anti-dumping measures were imposed.

- There is a strong trade protectionist tendency in Australia’s anti-dumping policies and practice.

Firstly, compared with other countries, it is easier for Australian industries to launch anti-dumping investigations. According to Australian anti-dumping policy, the requirement for being regarded as domestic industry is that an important process happens in the territory of Australia. Compared with other countries, this lowered the threshold for making anti-dumping complaints.

Secondly, a major feature of the Australian anti-dumping procedure is strict confidentiality. Confidentiality leads to inadequate transparency. As a result, importers and exporters are unsure that if damage was caused by dumping or by other factors. There is the possibility that in some cases, although there is no causality between dumping and economic damage, still anti-dumping measures and duties are imposed.

- Australia’s antidumping investigation procedure has been designed to be the most efficient one worldwide. Once an application for investigation is received, the AD

Commission must determine whether to initiate the investigation within 20 days. Within 110 days after the initiation of an investigation, the AD Commission must publish a statement of essential facts (SEF) setting out the facts on which recommendations to the Minister is to be based, unless an extension has been granted by the Minister. The AD Commission is mandated to complete its investigation and report to the Minister by day 155 after initiation unless the timeframe is extended by the Minister. Once the final report of the AD Commission is received, the Minister must decide whether to impose an antidumping and/or countervailing measure within 30 days unless the Minister decides that a longer period is required in special circumstances.

[After the anti-dumping reform in 2012, a new Anti-Dumping Commission

(AD Commission) was established to administer the antidumping and countervailing system.The AD Commission is an independent agency and reports to the Minister for Industry and Science with recommendations on whether an antidumping and/or countervailing measure should be imposed.]

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