The anti-dumping and countervailing investigation process generally starts with an application from an Australian industry producing ‘like goods’ to those which the applicant alleges are being dumped and/or subsidised.
If an investigation is subsequently initiated, an Australian Dumping Notice (ADN) is published on the Anti-Dumping Commission (the Commission) website. The ADN includes an invitation to interested parties to lodge submissions. A Statement of Essential Facts is issued by the Commission, within 110 days from initiation (or later deadline as approved by the Minister for the Department of Industry), and interested parties are invited to lodge submissions. Interested parties are any people or entities such as businesses, industry groups or academics that have an interest in the investigation and may wish to make a comment or argument about the investigation on the public record.
Once an investigation has been initiated, there are two time periods during which interested parties may make submissions, each beginning with the publication of an ADN:
First submission period is any time up to 40 days from publication of an ADN advising of initiation of the investigation
Second submission period is any time up to 20 days from publication of the ADN advising of publication of the Statement of Essential Facts.
Interested parties may lodge as many submissions as they wish during submission period. All submission must be made submitted in both For Official Use Only (i.e. confidential) and Public (i.e. for publication on the Anti-Dumping Commission website) versions.
Copies of the non-confidential application and non-confidential submissions will be placed on the public record. Interested parties will be able to access the Electronic Public Record and take copies.
A document providing more information regarding How to Make a Submission is available on the Cases and Electronic Public Record page.
Forms of dumping duty
These Guidelines set out issues to be considered when determining the form of duties that the Commission will recommend to the Minister. They are also meant to guide applicants or interested parties when preparing their applications or submissions in relation to investigations, reviews or other processes where the form of dumping duty will be considered. The forms of duty are the methods by which the amount of interim dumping duty payable on goods exported to Australia is calculated.