Submissions to the Anti-Dumping Commission

If the Commission initiates a case (investigation, continuation, review, accelerated review or exemption), an Anti-Dumping Notice (ADN) is published on the Commission’s website. The ADN will include an invitation to ‘interested parties’ to lodge submissions. Interested parties are people or entities such as businesses, trade organisations or governments that have an interest in the case and may wish to make a comment or argument about the case on the public record.

Electronic Public Record

The Commission will maintain an Electronic Public Record (EPR) for each case, in order to comply with the publication requirements of section 269ZJ of the Customs Act 1901 (Cth). The EPR contains, among other things, a copy of all non-confidential submissions from interested parties. Letters and electronic mail are generally regarded as a submission if it contains information relevant to the case. All documents that are likely to influence the course of a case will be placed on the EPR.

Submissions to a Case

    1. In a submission, an interested party may support, refute, expand upon or reply to matters raised by other parties during the course of the case and in response to Commission reports.
    2. Submissions may make reference to other submissions, or other information contained on the public record, by reference to the case number, document number and title on the EPR and page number.
    3. It is recommended that, as much as possible, any views or assertions contained in a submission be supported by relevant supporting material.
    4. The Commission does not warrant as to the accuracy of the information contained in the published submissions. Published submissions do not necessarily represent the views of the Commission and are not endorsed by the Commission.
    5. It is recommended that, where appropriate, headings and subheadings are used to provide clarity.
    6. Every page should be numbered.

The process of making a submission

    1. Submissions should be provided in writing.
    2. If a submission is submitted on behalf of a company or organisation, it should be on company letterhead or on the letterhead of the consultant or agent.
    3. The first page of a submission should include, at least, the following information:
      • Case number, goods and country/countries involved
      • Name of the person and organisation making the submission
      • Contact details of the submitter
      • Role of the party making the submission (i.e. Australian producer, importer, exporter, etc.)
      • If submitted on behalf of a third party/client (e.g. if submitted by a consultant or agent), the name, contact details and role of the person and organisation submitting the submission as well as the name, contact details and role of the third party/client.
    4. Submissions may be lodged by email (preferred method), post or fax as per the details provided in the relevant ADN.

Provision of a non-confidential summary

Interested parties may lodge as many submissions as they wish during the time submission periods are open, but each submission must be made available in both ‘For Official Use Only’ (i.e. confidential) and ‘Public’ (i.e. for publication on the EPR) versions.

Submissions containing confidential information must be clearly marked ‘For Official Use Only’.

Interested parties claiming that information contained in their submission is confidential, or that the publication of the information would adversely affect their business or commercial interests, must:

    • Provide a summary containing sufficient detail to allow a reasonable understanding of the substance of the information that does not breach that confidentiality or adversely affect those interests; or
    • Satisfy the Commissioner that there is no way that such a summary can be given to allow a reasonable understanding of the substance of the information.

The Commission conducts cases in a transparent manner to afford all interested parties the opportunity to present their views. The Commission will not consider a submission where a non‑confidential summary of confidential information, or a statement of reasons for there not being a non-confidential summary (as stated above), is not provided by the deadline for submissions.

Sections of text of a confidential nature contained in documents provided for the EPR may be redacted. The substance of any deletion or redacted text should be detailed in a bracketed summary following the redacted text. An example of what this requirement looks like is as follows:

    • Management accounts (e.g. income statements) can be extracted for individual operating segments, global business units, value centres etc. Accounts can be                                                                                 [Explanation of cost allocation].

It is your responsibility to ensure that the non-confidential version of the submission is appropriately redacted (do not merely change the font to white or black out text with comment tools).

By providing information to the Commission marked as non-confidential, the Commission will not consider the information confidential and the Commission will not be held responsible for the disclosure of this information.

 

Submission Periods

 

The submission period for a timely submission varies depending on the type of case.

Investigation / Continuation / Review of Measures

Once an investigation, continuation or review of measures has been initiated, there are two periods during which interested parties may make timely submissions.

Submission Opportunities for Interested Parties
First submission period Any time up to 37 days from publication of an ADN advising of the initiation of the case
Second submission period Any time up to 20 days from publication of the Statement of Essential Facts

 

Accelerated Review / Exemption

Once an accelerated review or exemption inquiry has been initiated, there is one period during which interested parties may make timely submissions.

Submission Opportunities for Interested Parties
Submission period Any time up to the date indicated in the ADN as the date before which submissions must be received

 

Timeliness

Submissions must be received by the Commission by the date indicated on the relevant ADN or report. The Commission is not obligated to have regard to a submission received after the deadline. The Commission will take those late submissions into account only to the extent that it does not prevent the timely delivery of the report to the decision maker.

Extensions of time for making submissions may be granted in exceptional circumstances. Requests for extensions must be submitted in writing prior to the deadline. A copy of the request for extension will be placed on the EPR. If a request for an extension includes confidential information, a non-confidential version in accordance with the requirements outlined above must be submitted at the same time. Please contact the case manager as soon as possible if seeking an extension.

 
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