Dumping and countervailing investigations are difficult. To obtain the best possible outcome exporters need to be involved as early as possible and need advice from specialists in the Australian system. A failure of an exporter to be involved in an Australian investigation can result in the exporter receiving a penalty rate and effectively end the Australian supply chain.
CGT Law helps overseas manufacturer’s, exporters and Australian importers navigate the challenging aspects of Australia’s anti-dumping system. We work with both the inhouse financial team of the client, or where it benefits the client, we can also engage specialists trade remedy accountants and economists.
CGT Law assists with the full range of investigations undertaken by the Australian Anti-Dumping Commission (ADC). These include:
Review of dumping or countervailing margins
Dumping duty assessments
CGT Law’s services include assisting with the completion of importer and exporter questionnaires, providing submissions on the various issues that arise during an investigation, responding to preliminary affirmative determinations and the statement of essential facts, reviewing the methodology of calculating the dumping margin and arguments as to what goods are covered by the investigation
Review of Anti-Dumping Commission decisions
If you are unhappy with a decision of the ADC, there are review rights that can be considered. If a decision is yet to be made by the Minister, submissions can still be made to the ADC. Successful submissions are usually supported by objective evidence and not mere self-serving claims. Further, it is important for exporters and importers to appreciate the limits of public interests arguments under the Australian legislation.
If a decision has already been made by the Minister, review options are the Anti-Dumping Review Panel or Federal Court review. Either approach requires careful consideration of the provision of the Australian Customs Act 1901 and its application to the particular case. It is important that affected parties appreciate which elements of the decision can realistically be overturned and are given clear guidance on both the procedure and the costs.
Australian Border Force dumping duty audit
Ensuring that importers are paying the correct amount of dumping duty is a key focus area of the Australian Border Force (ABF). While all commodities are subject to review, ABF audits have focused on aluminium extrusions, hollow structural sections, clear float glass and steel pallet racking.
The ABF may review the tariff classification of the goods or the goods description. Often a dispute arises as to whether the goods are identified as individual components or as kits.
CGT’s lawyers have helped importers resist significant demands by the ABF. In responding to an ABF audit options available to the importer include seeking a tariff advice, seeking ABF review of its decision, facilitating review through the Administrative Appeals Tribunal or Federal Court Review.
Successfully defending an ABF demand requires an understanding of both customs tariff classification principles and dumping duty concepts. For the review to be efficient, it is also important that your lawyer understands from experience which arguments will and wont be accepted by the ABF.