As you may be aware, the Parliamentary Secretary to the Minister for Industry, the Hon Bob Baldwin MP and the Minister for Industry, the Hon Ian Macfarlane MP, have announced reforms to Australia's anti-dumping system aimed at ensuring Australian manufacturers and producers are able to compete on a level playing field in international trade, while complying with our international trade rules and obligations.

The purpose of the reforms is to ensure that while Australia becomes increasingly open and supportive of free trade, it is important to ensure that Australian industry is not left vulnerable to dumping by foreign exporters. Significantly, all of the reforms comply with Australia's World Trade Organisation (WTO) and other related international trade obligations.

In particular, the reforms include:

  • the ability for the Anti-Dumping Commissioner to impose provisional measures at day 60 of an investigation, wherever possible
  • more stringent deadlines for the lodgement of submissions (reduced from 40 days to 37 days) together with a rigorous approach to enforcing deadlines with submissions
  • broadening the scope of circumstances in which an exporter can be deemed uncooperative, to encourage greater cooperation from exporters in order to avoid heavier dumping duties being imposed against them
  • raising the legal threshold for reviews of anti-dumping decisions, including imposing a scaled fee for seeking appeal
  • implementing a range of new and expanded information and support services to provide improved assistance to Australian businesses involved and/or interested in the anti-dumping system, including establishing a market research function to enhance the Anti-Dumping Commission's economic analysis of trends and trading behaviours
  • introducing regulation to address emerging behaviour relating to foreign exporters slightly modifying their goods in order to circumvent anti-dumping duties currently in place, and
  • implementing a number of technical legislative changes to modernise Australia's anti-dumping laws and reduce unnecessary red tape to improve the certainty of Australia's anti-dumping system.

The Government will be introducing legislation to give effect to the reforms throughout 2015.