Australia - Anti-Dumping and Countervailing Duty Measures on Certain Products from China - Communication from Australia - Addendum

Australia – ANTI‑DUMPING AND COUNTERVAILING DUTY MEASURES
ON CERTAIN PRODUCTS FROM CHINA

Status Report regarding implementation of the
dsb recommendations and rulings
by australia

Addendum

The following communication, dated 16 January 2025, 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 into 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 considered that further time was required due to an unavoidable delay.

On 26 November 2024, Australia notified China and the DSB that the further one month was required, and accordingly that the reasonable period of time would expire on 10 January 2025.

Australia confirms that it has fully implemented the recommendations and rulings of the DSB in this dispute as outlined below.

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).

On 9 December 2024, the Minister signed a notice (Anti‑Dumping Notice No. 2024/097, published 10 December 2024), adopting the recommendations, reasons for the recommendations and material findings of fact and law in Anti‑Dumping Commission Report No. 652, and declaring that the dumping duty notice applying to deep drawn stainless steel sinks exported to Australia from China was revoked in relation to exporters generally, with effect from 25 June 2024. With this action, Australia has completed implementation of the DSB recommendations concerning the relevant anti‑dumping measures.

__________