Customs Tariff (Anti‑Dumping) Act 1975
No. 76, 1975
Compilation No. 13
Compilation date: 1 July 2016
Includes amendments up to: Act No. 33, 2016
Registered: 4 July 2016
About this compilation
This compilation
This is a compilation of the Customs Tariff (Anti-Dumping) Act 1975 that shows the text of the law as amended and in force on 1 July 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
6 Incorporation
6A Act does not extend to Norfolk Island
7 Imposition of duties of Customs
8 Dumping duties
9 Third country dumping duties
10 Countervailing duties
11 Third country countervailing duties
12 Interim duty not to exceed security taken
16 Duties to be charged separately
21 Special duties to be additional to ordinary duties
22 Regulations
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act relating to certain Special Duties of Customs
1 Short title
This Act may be cited as the Customs Tariff (Anti‑Dumping) Act 1975.
2 Commencement
This Act shall come into operation on the day on which it receives the Royal Assent.
6 Incorporation
The Customs Act 1901 (in this Act referred to as the Customs Act) is incorporated and shall be read as one with this Act.
6A Act does not extend to Norfolk Island
This Act does not extend to Norfolk Island.
7 Imposition of duties of Customs
Duties of Customs are imposed in accordance with this Act.
8 Dumping duties
(1) This section does not apply to goods that are New…
Overview
The Customs Tariff (Anti-Dumping) Act 1975 was enacted to address the problem of dumping and to provide countervailing duties on imported goods. Dumping refers to the practice where goods are imported into Australia at prices that are lower than their fair market value, potentially harming domestic industries. This Act was enacted by the Australian Parliament and aims to protect local businesses from unfair trade practices. It works in conjunction with the Customs Act 1901, which it incorporates and treats as one with itself. The Act applies to all of Australia except for Norfolk Island. It imposes duties on imported goods that are found to be dumped or subsidised, with specific provisions for calculating interim and final dumping duties, countervailing duties, and third country dumping and countervailing duties. The Minister for Trade and Investment has the authority to exempt certain goods from these duties under specific conditions, such as when like or directly competitive goods are not offered for sale in Australia on equal terms.
Scope and Application
The Customs Tariff (Anti-Dumping) Act 1975 applies to goods imported into Australia, imposing special duties of Customs to address dumping, countervailing, and third country dumping and countervailing practices. This Act extends to the Commonwealth of Australia, excluding Norfolk Island, and complements the Customs Act 1901. The Act mandates the imposition of dumping duties on goods deemed to be dumped, calculated based on the difference between the export price and the normal value. Interim dumping duties are applicable until the final duty is determined. Exemptions from these duties may be granted under specific conditions, such as when goods are not offered for sale in Australia on equal terms or when they are samples for sale of similar goods. The Act also imposes third country dumping and countervailing duties for goods imported from countries not directly involved in the dumping or subsidising practices, provided they meet the criteria of the Act. These duties are calculated similarly to dumping duties, with interim measures in place until final assessments are made. The Act allows for exemptions under similar conditions as those for dumping duties. The Act's application is further defined and extended through subordinate instruments, including regulations that specify methods for calculating duties and conditions for exemptions.
Key Provisions
- The Customs Tariff (Anti-Dumping) Act 1975 (Cth) imposes special duties of Customs, known as dumping duties, third country dumping duties, countervailing duties, and third country countervailing duties, on goods that meet certain criteria. Dumping duties are imposed on goods that are subject to a notice under the Customs Act 1901 (Cth) and where the export price of the goods is less than the normal value of the goods (section 8). Third country dumping duties are imposed on goods that are subject to a notice under the Customs Act 1901 (Cth) and where the export price of the goods is less than the normal value of the goods (section 9). Countervailing duties are imposed on goods that are subject to a notice under the Customs Act 1901 (Cth) and where a countervailable subsidy is received in respect of the goods (section 10). Third country countervailing duties are imposed on goods that are subject to a notice under the Customs Act 1901 (Cth) and where a countervailable subsidy is received in respect of the goods (section 11). The Act requires the Minister to determine the amount of interim dumping duty, interim third country dumping duty, interim countervailing duty, and interim third country countervailing duty, and to cause a copy of the notice to be published on the Anti-Dumping Commission's website (sections 5, 5AB, 3B, and 4). The Minister may exempt goods from interim and final dumping duty, third country dumping duty, countervailing duty, and third country countervailing duty if certain conditions are met (sections 7, 7, 8, and 8).
- The Act imposes obligations on the Minister to determine the amount of interim and final dumping duty, third country dumping duty, countervailing duty, and third country countervailing duty, and to publish a notice of the determination on the Anti-Dumping Commission's website (sections 5, 5AB, 3B, and 4). The Act also imposes obligations on importers of goods to pay the relevant duty (sections 8, 9, 10, and 11).
- The Act provides for civil and criminal penalties for breaches of the Act. The maximum penalty for a civil penalty offence is 500 penalty units (section 269TKA(1)(a) of the Customs Act 1901 (Cth)). The maximum penalty for a criminal offence is 10,000 penalty units or imprisonment for five years, or both (section 269TKA(1)(b) of the Customs Act 1901 (Cth)).
- Area of Law
- Commercial Law
- Customs Law
- International Trade Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Reporting & Disclosure Obligations
- Regulatory Standards
- Licensing & Registration
- Enforcement Powers
- Civil Penalty Provisions
