Customs Tariff (Anti-Dumping) Amendment (Countervailing Duties) Act 1982

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Customs Tariff (Anti-Dumping) Amendment (Countervailing Duties) Act 1982

No. 68 of 1982

 

An Act to amend the Customs Tariff (Anti-Dumping) Act 1975 in relation to countervailing duties

[Assented to 24 August 1982]

[Date of commencement 21 September 1982]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Customs Tariff (Anti-Dumping) Amendment (Countervailing Duties) Act 1982.

(2) The Customs Tariff (Anti-Dumping) Act 19751 is in this Act referred to as the Principal Act.

Countervailing duties

2. Section 10 of the Principal Act is amended—

(a) by inserting after sub-section (2a) the following sub-sections:


“(2b) Notwithstanding section 14, where the Minister is satisfied that—

(a) under the law of a country other than Australia there are imposed on goods of a particular kind that are exported from Australia to that country special duties of customs in the nature of countervailing duties;

(b) those duties are imposed because it is alleged that there is paid or granted, directly or indirectly, upon the production, manufacture, carriage or export of goods of that kind a subsidy, bounty, reduction or remission of freight or other financial assistance; and

(c) those duties are imposed without regard to, or without proper regard to, whether or not material injury to an industry in that country has been or is being caused or is threatened, or the establishment of an industry in that country has been or may be materially hindered, by reason of the payment or grant of that subsidy, bounty, reduction or remission of freight or other financial assistance,

the Minister may, by notice published in the Gazette, declare that this section applies to goods specified in the notice—

(d) that are exported from that country to Australia after the date of publication of the notice or, if a later date is specified in the notice, that later date; and

(e) upon the production, manufacture, carriage or export of which there is paid or granted, directly or indirectly, a subsidy, bounty, reduction or remission of freight or other financial assistance.

“(2c) Notwithstanding section 14, where the Minister is satisfied that —

(a) under the law of a country other than Australia there are imposed on goods of a particular kind that are exported from Australia to that country special duties of customs in the nature of countervailing duties;

(b) those duties are imposed because it is alleged that—

(i) prescribed assistance is paid or granted, directly or indirectly, in relation to goods of that kind that are exported from Australia to that country; and

(ii) material injury to an industry in that country has been or is being caused or is threatened, or the establishment of an industry in that country has been or may be materially hindered, by reason of the payment or grant of that prescribed assistance; and

(c) prescribed assistance of the same kind as, or a substantially similar kind to, the prescribed assistance by reason of which the duties referred to in paragraph (a) were imposed has been paid


or granted in relation to goods exported from that country to Australia and material injury to an Australian industry has been or is being caused or is threatened, or the establishment of an Australian industry has been or may be materially hindered, by reason of the payment or grant of that prescribed assistance,

the Minister may, by notice published in the Gazette, declare that this section applies to goods specified in the notice, being goods of a kind mentioned in paragraph (c) —

(d) that are exported from that country to Australia after the date of publication of the notice or, if a later date is specified in the notice, that later date; and

(e) in relation to which there is paid or granted prescribed assistance of a kind specified in the notice, being prescribed assistance of the same kind as, or a substantially similar kind to, the prescribed assistance by reason of which the duties referred to in paragraph (a) were imposed.

“(2d) Notwithstanding section 14, where the Minister is satisfied that—

(a) under the law of a country other than Australia there are imposed on goods of a particular kind that are exported from Australia to that country special duties of customs in the nature of countervailing duties;

(b) those duties are imposed because it is alleged that prescribed assistance is paid or granted, directly or indirectly, in relation to goods of that kind that are exported from Australia to that country; and

(c) those duties are imposed without regard to, or without proper regard to, whether or not material injury to an industry in that country has been or is being caused or is threatened, or the establishment of an industry in that country has been or may be materially hindered, by reason of the payment or grant of that prescribed assistance,

the Minister may, by notice published in the Gazette, declare that this section applies to goods specified in the notice—

(d) that are exported from that country to Australia after the date of publication of the notice or, if a later date is specified in the notice, that later date; and

(e) in relation to which there is paid or granted prescribed assistance of a kind specified in the notice, being prescribed assistance of the same kind as, or a substantially similar kind to, the prescribed assistance by reason of which the duties referred to in paragraph (a) were imposed.

“(2e) A reference in this section to prescribed assistance in relation to goods is a reference to any assistance, incentive, exemption, privilege or benefit (whether financial or otherwise) in relation to goods other

than the payment or grant of a subsidy, bounty, reduction or remission of freight or other financial assistance on the production, manufacture, carriage or export of the goods.”;

(b) by omitting sub-section (4) and substituting the following sub-section:

“(4) Subject to sub-section (5), the countervailing duty in respect of goods is—

(a) in the case of countervailing duty in respect of goods to which this section applies by virtue of sub-section (1), (2) or (2b)—a sum equal to the amount of the subsidy, bounty, reduction or remission of freight or other financial assistance that has been paid or granted, directly or indirectly, upon the production, manufacture, carriage or export of the goods; or

(b) in the case of countervailing duty in respect of goods to which this section applies by virtue of sub-section (2c) or (2d), a sum equal to—

(i) if the prescribed assistance that has been paid or granted, directly or indirectly, in relation to the goods was financial assistance—the amount of that financial assistance; or

(ii) if the prescribed assistance that has been granted, directly or indirectly, in relation to the goods was not financial assistance, whichever of the following is determined by the Minister to be appropriate:

(a) the cost of granting that assistance;

(b) the value of that assistance to the person to whom it was granted.”;

(c) by inserting in sub-section (7) “in a case to which paragraph (4) (a) applies” after “satisfied”; and

(d) by inserting after sub-section (7) the following sub-section:

“(7a) If the Minister is satisfied in a case to which paragraph (4) (b) applies that adequate information as to the amount, cost or value of the prescribed assistance in relation to goods cannot be obtained, the amount, cost or value of that prescribed assistance shall, for the purpose of this section, be such as is determined, in writing, by the Minister.”.

Notices not to be published if inconsistent with international obligations

3. Section 14 of the Principal Act is amended by inserting “other than sub-section 10 (2b), (2c) or (2d)” after “Act”.

 

NOTE

1. No. 76, 1975, as amended. For previous amendments, see No. 66, 1981.

Overview

The Customs Tariff (Anti-Dumping) Amendment (Countervailing Duties) Act 1982 was enacted to address the issue of unfair trade practices, specifically the imposition of countervailing duties on Australian goods exported to other countries due to alleged subsidies or financial assistance provided by those countries. The Act amends the Customs Tariff (Anti-Dumping) Act 1975 by enabling the Minister to impose countervailing duties in response to such practices. The policy objective of this legislation is to protect Australian industries from the adverse effects of foreign subsidies and financial assistance that may cause material injury or hinder the establishment of industries within Australia. Enacted by the Queen, in accordance with the authority of the Parliament of the Commonwealth of Australia, the Act came into effect on 21 September 1982.

Scope and Application

The Customs Tariff (Anti-Dumping) Amendment (Countervailing Duties) Act 1982 applies to goods exported from Australia to another country and subsequently re-exported to Australia, where countervailing duties are imposed due to alleged subsidies or financial assistance provided by the exporting country. The Act allows the Minister to declare, by notice in the Gazette, that countervailing duties apply to specific goods under certain conditions, including when subsidies are imposed without regard to the impact on Australian industries. The application of the Act is limited by its requirement not to publish notices that would be inconsistent with Australia's international obligations. The Act amends the Customs Tariff (Anti-Dumping) Act 1975, which is referred to as the Principal Act, and the changes are effective for goods exported from Australia after the notice is published or a later specified date. The Act's provisions are applicable across the Commonwealth of Australia, and it extends its application through subordinate instruments, including notices published in the Gazette.

Key Provisions

The Customs Tariff (Anti-Dumping) Amendment (Countervailing Duties) Act 1982 (the Act) makes several key amendments to the Customs Tariff (Anti-Dumping) Act 1975 (the Principal Act). These amendments primarily revolve around the imposition of countervailing duties. Section 10 of the Principal Act is amended to include new sub-sections (2b), (2c), and (2d) (sections 2(a), (b), and (c)). These new sub-sections provide the Minister with the authority to impose countervailing duties on goods exported from Australia to another country if certain conditions are met. Specifically, the Minister can impose these duties if it is found that the exporting country is imposing countervailing duties on Australian goods, and if these duties are based on allegations of subsidies, bounties, or other financial assistance granted in the exporting country. The Act imposes obligations on the Minister to assess whether the conditions for imposing countervailing duties are met. This involves determining whether the exporting country imposes countervailing duties, the reasons behind such duties, and whether these duties are imposed appropriately in relation to any alleged subsidies or financial assistance. The Minister must publish a notice in the Gazette if countervailing duties are to be imposed, specifying the goods affected and the date from which the duties will apply. The Act also requires the Minister to determine the appropriate amount of countervailing duty, which can be based on the amount of the subsidy or financial assistance, or alternatively, on the cost or value of the assistance provided. In addition to the procedural requirements, the Act outlines the consequences for non-compliance with its provisions. While the Act does not explicitly detail criminal or civil penalties for breaches, it does specify that notices imposing countervailing duties must not be published if they are inconsistent with Australia's international obligations (section 3). This implies that any actions taken under the Act must align with Australia's commitments under international trade agreements, and any failure to do so could potentially result in legal challenges or disputes at an international level. Non-compliance with international obligations could also lead to diplomatic repercussions or trade sanctions, although these are not explicitly stated in the Act itself.

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