What is a review of measures
An application for a review of anti-dumping measures may be made where an interested party believes that one or more of the variable factors have changed in relation to the measures imposed on imported goods, or that the measures are no longer required..
A review application may not be lodged earlier than 12 months after publication of either the notice implementing the original measure or the notice declaring the outcome of the last review. The Minister may initiate a review at any time.
What can be reviewed
A review of measures may involve a review of one or more of the variable factors - that is, the normal value, export price, noninjurious price, or the amount of the countervailable duty, or a price undertaking.
A review application may also seek revocation of the measure, to determine whether the measures is still required
How a review is conducted
The Anti-Dumping Commission has 20 days to examine an application and determine whether there appear to be reasonable grounds for the claims. If an application is accepted, the commencement of the review is published in a newspaper and in an Anti-Dumping Notice on the Anti-Dumping Commission website. Interested parties are invited to make submissions.
The scope of what may be examined in a review is not limited to the matters raised in an application. For example, while an application may seek review of particular exporters, the Commission may recommend that the Minister broaden the review to include additional exporters. The Minister may expand a review examining variable factors to cover revocation (within 40 days of the initiation notice).
The public notice will indicate whether the review application is for a revocation review or a review of variable factors. If the application is for a review of variable factors, the notice will invite affected parties to apply for the review to be extended to include a revocation review within 40 days of that notice. A separate application form, 'Application to extend a review of measures (B1215), is used for that purpose.
If a review is expanded, either as a result of a decision by the Minister or as a result as an application from an interested party, a second notice will be published advising that the review will examine revocation of duties. Revocation as a result of a review is only possible if a revocation review notice has been published.
The Commission will contact known interested parties inviting them to participate in the review. The review findings and recommendations are reported to the Minister within 155 days of publication of the notice commencing the review, although extensions are possible.
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.
At or before day 110 of the inquiry, the Commission must prepare a statement of essential facts outlining the basis for its recommendations to the Minister. Interested parties will be invited to make submissions within the following 20 days. The Commission is not obliged to have regard to submissions received after that period if to do so would prevent the timely preparation of the report to the Minister.
In addition to inquiries in Australia, the review may include verification of information provided by parties overseas.
The review report is required to be made to the Minister within 155 days of publication of the notice commencing the review, although extensions are possible