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Anti-Dumping and countervailing duty

With overlapping legal, accounting, political and economic issues, anti-dumping matters can be complex for businesses to successfully manage. 

Dumping is said to occur when an exporter sells goods to Australia at a price that is less than its "normal value".   The "normal value" is usually taken to be the price at which the goods are sold in the exporter's domestic market.  While dumping is not illegal, local manufacturers can seek the imposition of dumping duties.

Countervailing duties are imposed to address subsidisation by foreign government.

Following a number of legislative changes, Australia's anti-dumping and countervailing laws are tougher than ever for traders.  Given that dumping and countervailing duties can be well over 50%, it is crucial that exporters and importers engage advisers with genuine experience in this area.

Our Customs and Global Trade team has extensive experience in anti-dumping matters, acting for exporters, importers and Australian manufacturers.  We have also handled cases concerning a range of products including complex industrial equipment, vegetables and base metals.  We have expertise in all steps of the anti-dumping investigation process including lodging exporter questionnaires, responding to statements of essential facts, appeals to the Anti-Dumping Review Panel and Federal Court Appeals.

Further, as one of the few Australian firms with an office in China, we are uniquely placed to assist with Chinese verification visits and reviews of Chinese financial information.

We can assist you with:

  • Providing submissions on behalf of exporters, importers and local manufacturers;
  • Assisting with the completion of exporter questionnaires;
  • Resisting categorisation of exporters as "non-cooperative";
  • Responding to statements of essential facts;
  • Reviewing the calculation of dumping margins – the determination of the "normal value" often involves more legal, than accounting, issues;
  • Attending meetings with the Anti-Dumping Commission;
  • Handling appeals at all levels;
  • Advising whether goods are covered by existing measures;
  • Advising on anti-circumvention inquiries; and
  • Drafting supply contracts to protect importers against the future application of dumping duties.

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