Sunset Reviews Australias Practice

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Sunset ReviewsAustralias Practice

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Article 11.3

• any definitive anti-dumping duty shall be
  terminated on a date not later than five years
  from its imposition, unless.

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Article 11.3 (Cont.)

• the authorities determine . that the expiry of
  the duty would be likely to lead to continuation
  or recurrence of dumping and injury.

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Australias Sunset Review Legislation

• Customs Act 1901
• Sections 269ZHA to 269ZHG
• Continuation of anti-dumping measures
• Try http//www.comlaw.gov.au

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Australias Practice

• Notice published 9 months before expiry.
• Applications must be received in 60 days.
• No application means measures expire.
• Customs has 20 days to consider applications
• Customs must either reject or initiate a review.
• Form available at www.customs.gov.au

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Australias Practice (Cont.)

• Sunset Review key dates.
• Day 0 Public notice of review .
• Day 40 Submissions from interested parties
  due.
• Day 110 Customs publishes statement of
  essential facts
• (SEF).
• Day 130 Submissions from interested parties
  concerning
• SEF due.
• Day 155 Customs makes recommendations to the
  Minister.

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OK, now the hard part!
..whether injury will continue, or recur, would
seem to entail a counter-factual analysis of
hypothetical future events, based on projected
levels of dumped imports, prices and impact on
domestic producers.
A Handbook on Anti-Dumping Investigations, Czako
et al, WTO, 88-89
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Dumping AnalysisRelevant information

• Anti-dumping action by other countries.
• Current variable factor information.
• Exporting pattern following imposition of
  measures.
• Exporters distribution links in Australia.
• Exporters current production capacity
  utilisation.

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Likelihood of Dumping
Import Volumes
Import Volumes or
and
and
Dumping Margins
Dumping Margins
Exporter does not need to dump to sell at
pre-measure volumes ?
Exporter needs to dump to sell at pre-measure
volumes ?
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Sources of information

• Exporter questionnaire.
• Article 11.2 reviews.
• Interim duty paid.
• Monitoring activities.
• Dumping duty assessments.
• Dumping into other markets.

• Application data
• Import volume statistics.
• Exporters production capacity.
• Economic situation in the country of export.

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Injury Analysis
1. Market trends
2. Price Trends

• The size and growth of the Australian Market.
• Volume trends.
• Market share.

• Price suppression.
• Price depression.
• Price sensitivity.

3. Profitability of the Australian industry 4.
Other factors
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ONCE A DUMPING CASE ALWAYS A DUMPING CASE
Index of Economic Freedom 2005 49-56, bibl.
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In Australia during the last 7 years, 51 measures
have been affected by the 5 year sunset expiry
date.
20 No application
19 Reviewed
12 Application rejected
13 Continued
6 Expired
12 Expired
20 Expired
75 of measures expired - 25 of measures
continued
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