Australia – ANTI-DUMPING AND COUNTERVAILING DUTY MEASURES
ON CERTAIN PRODUCTS FROM CHINA
Status Report regarding
implementation of the
dsb recommendations and rulings
by australia
The following communication, dated 3 December
2024, from the delegation of Australia to the Chairperson of the Dispute
Settlement Body, is circulated pursuant to Article 21.6 of the DSU.
_______________
Australia submits this report in accordance
with Article 21.6 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes.
At its meeting on 26 April 2024, the Dispute
Settlement Body (DSB) adopted the Panel report in Australia –
Anti‑Dumping and Countervailing Duty Measures on Certain Products from China (WT/DS603/R
and WT/DS603/R/Add.1). On 24 May 2024, Australia notified the DSB of its
intention to implement the recommendations and rulings of the DSB by utilising
mechanisms within its anti‑dumping system to bring its measures in conformity
with the DSB's recommendations and rulings. Australia also notified that it
would require a reasonable period of time to undertake that process. On 12 June
2024, Australia and China informed the DSB they had agreed on a reasonable
period of time for implementation, expiring on 10 December 2024, with an
extension of one month if Australia considers that further time is required due
to an unavoidable delay.
On 26 November 2024, Australia notified China
and the DSB that the further one month was required, with the reasonable period
of time to expire on 10 January 2025.
Status of implementation is as follows:
Wind Towers
On 12 May 2023, the Australian Anti-Dumping
Commission (ADC) initiated an inquiry under section 269ZHD(4) of the Customs Act 1901 (Cth) into whether the
continuation of the anti-dumping measures applying to certain utility scale
wind towers exported from China to Australia are justified, following an
application seeking the continuation of those measures (Continuation Inquiry
621).
On 14 March 2024, the Minister for Industry
and Science (Minister) signed a notice (Anti-Dumping Notice No. 2024/003,
published 15 March 2024), adopting the recommendations, reasons for the
recommendations and material findings of fact and law in Anti-Dumping
Commission Report No. 621, and declaring that the anti-dumping measures
applying to certain wind towers from China were to expire on 16 April 2024.
With this action, Australia has completed implementation of the DSB
recommendations concerning those anti-dumping measures.
Railway Wheels
On 14 August 2023, the ADC initiated an
inquiry under section 269ZHD(4) of the Customs
Act 1901 (Cth) into whether the continuation of the anti-dumping
measures applying to certain railway wheels exported from China to Australia
are justified, following an application seeking continuation of those measures
(Continuation Inquiry 632).
On 11 July 2024, the Minister signed a notice
(Anti-Dumping Notice No. 2024/036, published 11 July 2024), adopting
the recommendations, reasons for the recommendations and material findings of
fact and law in Anti-Dumping Commission Report No. 632, and declaring that the
anti dumping measures applying to certain railway wheels exported to
Australia from China should continue from 17 July 2024 at a rate of 13.3%. With
this action, Australia has completed implementation of the DSB recommendations
concerning those anti-dumping measures.
Stainless Steel Sinks
On 25 June 2024, the ADC initiated a review
under section 269ZC(5) of the Customs Act 1901
(Cth) of the anti-dumping measures on deep drawn stainless steel sinks exported
to Australia from China, following a request from the Minister (Review 652).
Review 652 is ongoing.
__________