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.
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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.
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