Customs Amendment (Anti-Dumping) Bill 2011

Customs Amendment (Anti-Dumping) Bill 2011

22 June 2011

© Commonwealth of Australia 2011
ISBN 978-1-74229-424-7

View the report as a single document - (PDF 3015KB)


View the report as separate downloadable parts:

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Membership of Committee (PDF 236KB)
 
Glossary and abbreviations (PDF 16KB)
 
Chapter 1 - Introduction (PDF 91KB)

The bill
Conduct of the inquiry
Context of the inquiry
Outline of report

 
Chapter 2 - Dumping, subsidisation and the international environment (PDF 581KB)

Dumping and subsidisation
The Australian anti-dumping and countervailing experience in an international context
International Rules—the role of the WTO
The WTO agreements: mere guidelines or legally binding agreements?

 
Chapter 3 - Australia's anti-dumping and countervailing framework (PDF 411KB)

Australian anti-dumping and countervailing law
Reviews and reforms of the Australian system
The investigative process
Review of anti-dumping and countervailing measures
Continuation review
International comparisons

 
Chapter 4 - The Kimberly-Clark decision and other criticisms of Australia's anti-dumping and countervailing system (PDF 233KB)

Competing interests
The Kimberly-Clark decision and the determination of material injury
Regulatory burden of substantiating claims and counterclaims of dumping and subsidisation
The 155 day statutory time-period for investigations
Insufficient Customs expertise and resourcing
Compliance with Australia's international obligations

 
Chapter 5 - Importer to bear the onus of proof (PDF 109KB)
 
Chapter 6 - Rebuttable presumption of dumping (PDF 80KB)

Rebuttable presumption of dumping

 
Chapter 7 - Amendments affecting the application process and the preliminary stages of an investigation or review (PDF 113KB)

Restricting supporting data to no more than the 90 day period prior to the application
Allowing applications from small manufacturers who account for less than 25 per cent of production to be considered
Including trade union organisations in the definitions of interested and affected parties
Allowing earlier implementation of provisional anti-dumping measures

 
Chapter 8 - Amendments affecting the conduct of an investigation or review (PDF 236KB)

Allowing new or updated information to be considered during the investigative & review stages
Consulting industry experts during investigative and review stages
Forecasting, potential impacts and economic factors that may be considered
Amendments to treatment of confidential information by the CEO and the Minister

 
Chapter 9 - Other issues (PDF 19KB)

Review by the Administrative Appeals Tribunal
Review of amendments

 
Chapter 10 - Summary (PDF 158KB)

Overall view
Key findings and recommendations

 
Additional comments by Coalition Senators (PDF 63KB)
 
Minority Report of Senator Cameron and Senator Pratt (PDF 231KB)
 
Dissenting Report from Independent Senator Nick Xenophon (PDF 178KB)
 
APPENDIX 1 (PDF 39KB)
Submissions Received
Additional Information Received
 
APPENDIX 2 - Public Hearing and Witnesses (PDF 8KB)
 
APPENDIX 3 - Recommendations of the 2009 Productivity Commission inquiry (PDF 102KB)
 
References (PDF 53KB)

For further information, contact:

Department of the Senate
PO Box 6100
Parliament House
Canberra ACT 2600
Australia

Phone: +61 2 6277 3540
Fax: +61 2 6277 5719
Email: economics.sen@aph.gov.au