Goods may be exempted from anti-dumping measures if the Minister is satisfied that certain conditions have been met.
An exemption inquiry will be conducted by the Commission and a report provided to the Minister recommending whether an exemption should be granted.
Subsections 8(7) and 10(8) of the Customs Tariff (Anti-Dumping) Act 1975 (Dumping Duty Act) provide the grounds under which an exemption can be given. Subsection 8(7) deals with exemptions from dumping duties and subsection 10(8) deals with exemptions from countervailing duties.
There are five grounds on which exemptions may be granted from anti-dumping measures:
Exemption One - Like or directly competitive goods are not offered for sale in Australia to all purchasers on equal terms under like conditions having regard to the custom and usage of trade;
Exemption Two - A Tariff Concession Order under Part XVA of the Customs Act 1901 in respect of the goods is in force;
Exemption Three and Four - Exemptions based on by-laws for the goods being in existence in a schedule to the Customs Tariff Act 1995; and
Exemption Five - The goods, being articles of merchandise, are for use as samples for the sale of similar goods.
The Commission will consider whether the grounds for an exemption have been met. Where an application does not establish reasonable grounds the application may be rejected.
If the Commission proceeds with an inquiry, a notice will be issued to notify interested parties and call for submissions. At the conclusion of an exemption inquiry, the Commission will provide the Minister with a report recommending whether an exemption should be made. The decision to grant an exemption is at the discretion of the Minister.