Customs Tariff (Anti-Dumping) Amendment Act 2013

Administered by Department of Home Affairs

Legislation au C2013A00094 In force Act

Legislation content

 

 

 

 

 

 

Customs Tariff (Anti‑Dumping) Amendment Act 2013

 

No. 94, 2013

 

 

 

 

 

An Act to amend the Customs Tariff (Anti‑Dumping) Act 1975, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

Customs Tariff (Anti‑Dumping) Act 1975

 

 

 

Customs Tariff (Anti-Dumping) Amendment Act 2013

No. 94, 2013

 

 

 

An Act to amend the Customs Tariff (Anti‑Dumping) Act 1975, and for related purposes

[Assented to 28 June 2013]

 

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Customs Tariff (Anti‑Dumping) Amendment Act 2013.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 June 2013

2.  Schedule 1

At the same time as the Customs Amendment (Anti‑dumping Measures) Act 2013 commences.

1 January 2014

Note:  This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

 

Customs Tariff (Anti‑Dumping) Act 1975

1  After subsection 8(5B)

Insert:

 (5BAA) However, subsection (5B) does not require the Minister to have regard to the matter in that subsection if the Minister is satisfied that either or both of the following apply in relation to the goods the subject of the notice under subsection 269TG(1) or (2) of the Customs Act:

 (a) the normal value of the goods was not ascertained under subsection 269TAC(1) of that Act because of the operation of subparagraph 269TAC(2)(a)(ii) of that Act;

 (b) there is an Australian industry in respect of like goods that consists of at least 2 small‑medium enterprises, whether or not that industry consists of other enterprises.

2  After subsection 8(5BA)

Insert:

 (5BAAA) However, subsection (5BA) does not require the Minister to have regard to the matter in that subsection if the Minister is satisfied that one or more of the following apply in relation to the goods the subject of the notice under subsection 269TG(1) or (2) of the Customs Act:

 (a) the normal value of the goods was not ascertained under subsection 269TAC(1) of that Act because of the operation of subparagraph 269TAC(2)(a)(ii) of that Act;

 (b) there is an Australian industry in respect of like goods that consists of at least 2 small‑medium enterprises, whether or not that industry consists of other enterprises;

 (c) if a countervailable subsidy has been received in respect of the goods—the country in relation to which the subsidy has been provided has not complied with Article 25 of the Agreement on Subsidies and Countervailing Measures for the compliance period.

3  After subsection 9(5AA)

Insert:

 (5AAA) However, subsection (5AA) does not require the Minister to have regard to the matter in that subsection if the Minister is satisfied that either or both of the following apply in relation to the goods the subject of the notice under subsection 269TH(1) or (2) of the Customs Act:

 (a) the normal value of the goods was not ascertained under subsection 269TAC(1) of that Act because of the operation of subparagraph 269TAC(2)(a)(ii) of that Act;

 (b) there is an Australian industry in respect of like goods that consists of at least 2 small‑medium enterprises, whether or not that industry consists of other enterprises.

4  After subsection 10(3C)

Insert:

 (3CA) However, subsection (3C) does not require the Minister to have regard to the matter in that subsection if the Minister is satisfied that either or both of the following apply in relation to the goods the subject of the notice under subsection 269TJ(1) or (2) of the Customs Act:

 (a) the country in relation to which the countervailable subsidy has been provided has not complied with Article 25 of the Agreement on Subsidies and Countervailing Measures for the compliance period;

 (b) there is an Australian industry in respect of like goods that consists of at least 2 small‑medium enterprises, whether or not that industry consists of other enterprises.

5  After subsection 10(3D)

Insert:

 (3DA) However, subsection (3D) does not require the Minister to have regard to the matter in that subsection if the Minister is satisfied that one or more of the following apply in relation to the goods the subject of the notice under subsection 269TJ(1) or (2) of the Customs Act:

 (a) the country in relation to which the countervailable subsidy has been provided has not complied with Article 25 of the Agreement on Subsidies and Countervailing Measures for the compliance period;

 (b) there is an Australian industry in respect of like goods that consists of at least 2 small‑medium enterprises, whether or not that industry consists of other enterprises;

 (c) if the normal value of the goods was ascertained under Part XVB of that Act—the normal value of the goods was not ascertained under subsection 269TAC(1) of that Act because of the operation of subparagraph 269TAC(2)(a)(ii) of that Act.

6  After subsection 11(5)

Insert:

 (5A) However, subsection (5) does not require the Minister to have regard to the matter in that subsection if the Minister is satisfied that either or both of the following apply in relation to the goods the subject of the notice under subsection 269TK(1) or (2) of the Customs Act:

 (a) the country in relation to which the countervailable subsidy has been provided has not complied with Article 25 of the Agreement on Subsidies and Countervailing Measures for the compliance period;

 (b) there is an Australian industry in respect of like goods that consists of at least 2 small‑medium enterprises, whether or not that industry consists of other enterprises.

7  Application provisions

(1) The amendments made by this Schedule apply in relation to a notice given under subsection 269TG(1) or (2), 269TH(1) or (2), 269TJ(1) or (2) or 269TK(1) or (2) of the Customs Act 1901 on or after the commencement of this Schedule, where:

 (a) the application for the notice is made on or after that commencement; or

 (b) the investigation under subsection 269TAG(1) of that Act begins on or after that commencement.

(2) The amendments made by this Schedule apply in relation to a notice given under subsection 269TG(1) or (2), 269TH(1) or (2), 269TJ(1) or (2) or 269TK(1) or (2) of the Customs Act 1901 before the commencement of this Schedule, where, on or after that commencement, the Minister publishes a notice under subsection 269ZHG(1) of that Act declaring the continuation of the anti‑dumping measures concerned.

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 29 May 2013

Senate on 19 June 2013]

 

(127/13)

 

Overview

The Customs Tariff (Anti-Dumping) Amendment Act 2013, enacted by the Parliament of Australia, was introduced to address certain gaps and issues within the Customs Tariff (Anti-Dumping) Act 1975, specifically regarding the assessment of anti-dumping measures in relation to small and medium enterprises. This legislation aims to provide a more nuanced approach to the imposition of anti-dumping duties by allowing the Minister for Trade and Investment to consider factors such as the non-ascertainment of normal value due to specific operational circumstances and the presence of an Australian industry composed of at least two small to medium enterprises, among others. The Act commenced on 28 June 2013, with certain amendments taking effect from 1 January 2014. The policy objective of this amendment is to balance the protection of Australian industries, particularly small and medium enterprises, with the need to ensure fair trade practices. By providing exceptions to certain requirements under the original Act, the legislation seeks to prevent the imposition of anti-dumping duties in situations where it may not be appropriate or necessary, thereby supporting the growth and competitiveness of these industries.

Scope and Application

The Customs Tariff (Anti-Dumping) Amendment Act 2013 applies to the Customs Tariff (Anti-Dumping) Act 1975, and amends certain provisions to refine the application of anti-dumping measures in Australia. This Act is designed to address specific circumstances under which the Minister for Trade and Investment may not be required to consider certain factors when determining the imposition of anti-dumping duties. The Act applies to notices given under the Customs Act 1901 for investigations into dumping or subsidisation on or after the commencement of the Schedule to this Act. Notably, the Act also applies retroactively to notices given before the commencement if the Minister continues the anti-dumping measures post-commencement. The amendments are designed to provide flexibility in cases where the normal value of goods was not ascertained, or where the country providing countervailable subsidies has not complied with certain international agreements. The Act primarily targets entities and industries involved in the importation and sale of goods that may be subject to anti-dumping investigations. The application of the Act is governed by the Commonwealth of Australia, and it applies to all territories and states within the nation. There are no explicit exclusions or thresholds stated within the Act, but the conditions under which the Minister may omit certain considerations are clearly defined. The Act may be further extended or restricted through subordinate instruments, which would provide additional regulations or clarifications as necessary.

Key Provisions

The Customs Tariff (Anti-Dumping) Amendment Act 2013 amends the Customs Tariff (Anti-Dumping) Act 1975 by introducing several changes to the criteria the Minister must consider when determining whether to impose anti-dumping duties. Section 1 of the Act specifies the main changes, which include adjustments to the considerations for imposing duties in specific circumstances, such as when the normal value of goods cannot be ascertained or when there is an Australian industry consisting of small to medium enterprises. The Act introduces new subsections (5BAA, 5BAAA, 5AAA, 3CA, 3DA, and 5A) to section 8, 9, 10, and 11 of the 1975 Act, which address these exceptions and conditions under which the Minister may not need to consider certain matters. The obligations and requirements imposed by the Act on the relevant parties are primarily focused on ensuring that the Minister considers specific conditions before imposing anti-dumping duties. The Minister must determine whether the normal value of goods was not ascertained due to certain legal provisions or whether there is an Australian industry consisting of at least two small to medium enterprises. Additionally, if a countervailable subsidy has been received, the Minister must also consider whether the country providing the subsidy has complied with Article 25 of the Agreement on Subsidies and Countervailing Measures. The Act ensures that these factors are taken into account when the Minister decides whether to impose anti-dumping duties. Breach of the provisions in this Act could potentially lead to legal consequences. However, the Act itself does not specify any particular offences, penalties, or civil/criminal consequences for non-compliance. The primary focus of the Act is to provide exceptions and additional considerations for the Minister when imposing anti-dumping duties, rather than to establish punitive measures for non-compliance. Therefore, while the Act sets out specific criteria for the Minister to consider, it does not detail penalties for failing to adhere to these criteria.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.