Explaining the System

What is Dumping?

Dumping occurs when goods exported to Australia are priced lower than their "normal value" which is usually the comparable price in the ordinary course of trade in the exporter's domestic market.

"Normal value" may also be determined using either comparable prices to a third country or the cost of production plus selling, general and administrative expenses and profit.

Dumping is not prohibited under the WTO international agreement. But anti-dumping duties may be imposed when dumping causes, or threatens to cause, material injury to an Australian industry.

What is anti-dumping?

Anti-dumping is the imposition of a measure by the Australian government, in the form of an additional duty on imports and/or a minimum export price, to remedy material injury to Australian manufacturers caused by dumping.

What is a Subsidy?

A subsidy is any financial assistance (or income or price support) by a government that benefits, either directly or indirectly, an exporter of the goods to Australia. If the subsidy causes, or threatens to cause, material injury to an Australian industry, remedial action may be taken

Subsidies register

This subsidies register provides a summary of subsidy programs that have previously been investigated by the Commission or previous administrations managing Australia's anti-dumping system.

Anti-Dumping Commission Subsidies Register

Injury and Causation

Anti-dumping or countervailing measures can only be imposed where the Minister is satisfied that goods exported to Australia have been dumped or subsidised, and that dumping or subsidisation has caused, or is threatening, material injury to an Australian industry producing like goods.

The WTO Anti-Dumping Agreement (PDF 141KB) requires that a determination of injury be based on positive evidence and involve an objective examination of the volume and price effects that constitute injury and the consequent impact on domestic industry. The Agreement lists these factors to be taken into account when assessing whether the domestic industry has experienced material injury. There are similar provisions in the Agreement on subsidies and countervailing measures. The provisions are reflected in Australian legislation.

Injury to the Australian industry caused by other factors must not be attributed to dumping or subsidisation.

More information regarding injury and causation is available in section 4.1 of the Dumping and Subsidy Manual.

Appeals

Anti-Dumping Review Panel

Certain decisions of the Minister and the Anti-Dumping Commissioner may be reviewed by the Anti-Dumping Review Panel. These include decisions to impose anti-dumping measures or terminate investigations, outcomes of continuation inquiries and reviews of measures, and outcomes of duty assessments.

Applicants must apply in writing within 30 days of the notification of a reviewable decision. For further information please see:

 
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