EXPLANATORY STATEMENT
CUSTOMS REGULATIONS (AMENDMENT)
STATUTORY RULES 1987 NO. 207
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR SCIENCE, CUSTOMS AND SMALL BUSINESS
The Customs Legislation (Anti-Dumping Amendments) Act 1988, together with the Anti-Dumping Authority Act 1988 and the Customs Tariff (Anti-Dumping) Amendment Act 1988 comprise a legislative package amending Australia’s anti-dumping legislation, to give effect to the Government’s response to the Review of the Customs Tariff (Anti-Dumping) Act 1975 (“the Gruen Report”), prepared by Professor F.H. Gruen.
Under the new regime, a person who believes that a manufactured product has or may be imported into Australia at an artificially low price (i.e. “dumped”) may apply to the Comptroller-General of Customs (“the Comptroller”) to have the provisions of the Customs Tariff (Anti-Dumping) Act 1975, implemented, pursuant to the new section 269TB of the Customs Act 1901 (“the Act”).
The Comptroller must consider within 55 days whether the applicant has made out a prima facie case of dumping (new section 269TC of the Act). If the Comptroller is satisfied that a prima facie case has been made out, the Comptroller must then undertake an investigation and make a preliminary finding within 120 days as to whether or not an act of “dumping” has occurred (new section 269TD of the Act).
If the Comptroller has decided against the applicant under either section 269TC or section 269TD, the applicant may lodge with the newly established Anti-Dumping Authority an application for review of the Comptroller’s decision within a period of time prescribed by the regulations (new section 269TF of the Act).
The regulation prescribes thirty days as the period of time within which a disappointed applicant may apply to the Anti-Dumping Authority to have an adverse decision of the Comptroller reviewed.
As this regulation is made under section 4 of the Acts Interpretation Act 1901, the regulation will take effect on the day the Principal Act inserting the new provisions into the Act (i.e. the Customs Legislation (Anti-Dumping Amendments) Act 1988) commences operation, which is 1 September 1988.
Overview
The Customs Legislation (Anti-Dumping Amendments) Act 1988, introduced by the Parliament of Australia, addresses the need to protect domestic industries from the negative effects of dumped imports. Enacted in response to the Gruen Report, this Act aims to enhance Australia's anti-dumping framework, ensuring that imported goods are not sold at unfairly low prices, thereby maintaining fair trade practices. The Act facilitates a structured process where an applicant can seek the implementation of anti-dumping provisions by applying to the Comptroller-General of Customs. This new process includes a timeframe for the Comptroller to consider the application and conduct an investigation, followed by the possibility of review by the Anti-Dumping Authority, providing a comprehensive mechanism to address dumping allegations.
Scope and Application
The Customs Legislation (Anti-Dumping Amendments) Act 1988, along with the Anti-Dumping Authority Act 1988 and the Customs Tariff (Anti-Dumping) Amendment Act 1988, forms a comprehensive legislative package that amends Australia's anti-dumping laws, responding to recommendations from the Gruen Report. These Acts apply to any person or entity that believes a manufactured product is being imported into Australia at a price that is artificially low, or "dumped". The process begins with an application to the Comptroller-General of Customs who, within 55 days, must determine if a prima facie case of dumping exists. If such a case is identified, the Comptroller must conduct an investigation and deliver a preliminary finding within 120 days. Should the applicant disagree with the Comptroller's decision, they have the right to seek a review from the Anti-Dumping Authority within a period prescribed by regulations, which is set at thirty days. The new legislative framework applies across Australia, encompassing all states, territories, and Commonwealth areas, with no specified exclusions or exemptions beyond those provided within the Acts themselves. Subordinate instruments may further extend or restrict the application of these provisions as necessary.
Key Provisions
The Customs Regulations (Amendment) Statutory Rules 1987 No. 207 amend Australia's anti-dumping legislation, primarily affecting the Customs Act 1901. Under the new provisions, a person who believes a manufactured product is being imported at an artificially low price may apply to the Comptroller-General of Customs (section 269TB). The Comptroller must then determine within 55 days if there is a prima facie case of dumping (section 269TC), and if so, conduct an investigation to make a preliminary finding within 120 days (section 269TD). These provisions aim to ensure that the importation of goods at unfairly low prices does not harm domestic industries.
The new regime imposes specific obligations on both applicants and the Comptroller-General. Applicants must provide sufficient evidence to establish a prima facie case of dumping (section 269TC). The Comptroller-General, on the other hand, is mandated to carefully review the application within 55 days and decide whether an investigation is warranted (section 269TC). If the Comptroller-General decides against the applicant in either stage, the applicant has the right to lodge an application for review with the Anti-Dumping Authority within the prescribed period, which is 30 days (section 269TF).
Breach of the new anti-dumping regulations may lead to civil and criminal consequences. While specific offences and penalties are not detailed in the provided text, the legislation likely incorporates general provisions within the Customs Act 1901. Penalties for non-compliance with anti-dumping regulations could include fines and imprisonment. For instance, under the Customs Act, serious breaches may result in fines up to $22,000 for individuals and $110,000 for corporations, along with potential imprisonment terms. The Anti-Dumping Authority Act and the Customs Tariff (Anti-Dumping) Amendment Act 1988 would also govern any civil or administrative penalties for violations, ensuring that the anti-dumping laws are rigorously enforced to protect Australian industries from unfair trade practices.