Title: Sunset Reviews Australias Practice
1Sunset ReviewsAustralias Practice
2Article 11.3
- any definitive anti-dumping duty shall be
terminated on a date not later than five years
from its imposition, unless.
3Article 11.3 (Cont.)
- the authorities determine . that the expiry of
the duty would be likely to lead to continuation
or recurrence of dumping and injury.
4Australias Sunset Review Legislation
- Customs Act 1901
- Sections 269ZHA to 269ZHG
- Continuation of anti-dumping measures
- Try http//www.comlaw.gov.au
5Australias Practice
- Notice published 9 months before expiry.
- Applications must be received in 60 days.
- No application means measures expire.
- Customs has 20 days to consider applications
- Customs must either reject or initiate a review.
-
- Form available at www.customs.gov.au
6Australias Practice (Cont.)
- Sunset Review key dates.
- Day 0 Public notice of review .
- Day 40 Submissions from interested parties
due. - Day 110 Customs publishes statement of
essential facts - (SEF).
- Day 130 Submissions from interested parties
concerning - SEF due.
- Day 155 Customs makes recommendations to the
Minister.
7OK, now the hard part!
..whether injury will continue, or recur, would
seem to entail a counter-factual analysis of
hypothetical future events, based on projected
levels of dumped imports, prices and impact on
domestic producers.
A Handbook on Anti-Dumping Investigations, Czako
et al, WTO, 88-89
8Dumping AnalysisRelevant information
- Anti-dumping action by other countries.
- Current variable factor information.
- Exporting pattern following imposition of
measures. - Exporters distribution links in Australia.
- Exporters current production capacity
utilisation.
9Likelihood of Dumping
Import Volumes
Import Volumes or
and
and
Dumping Margins
Dumping Margins
Exporter does not need to dump to sell at
pre-measure volumes ?
Exporter needs to dump to sell at pre-measure
volumes ?
10Sources of information
- Exporter questionnaire.
- Article 11.2 reviews.
- Interim duty paid.
- Monitoring activities.
- Dumping duty assessments.
- Dumping into other markets.
- Application data
- Import volume statistics.
- Exporters production capacity.
- Economic situation in the country of export.
11 Injury Analysis
1. Market trends
2. Price Trends
- The size and growth of the Australian Market.
- Volume trends.
- Market share.
- Price suppression.
- Price depression.
- Price sensitivity.
3. Profitability of the Australian industry 4.
Other factors
12ONCE A DUMPING CASE ALWAYS A DUMPING CASE
Index of Economic Freedom 2005 49-56, bibl.
13In Australia during the last 7 years, 51 measures
have been affected by the 5 year sunset expiry
date.
20 No application
19 Reviewed
12 Application rejected
13 Continued
6 Expired
12 Expired
20 Expired
75 of measures expired - 25 of measures
continued
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