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Additional Methods to Determine Export Prices for Goods Subject to Anti-dumping Reviews

Regulation Impact Statement – Department of Industry, Innovation and Science

On 13 September 2017, the Government introduced the Customs Amendment (Anti-Dumping Measures) Bill 2017, which is intended to provide legal certainty to use additional methodologies to determine an export price for goods subject to an anti-dumping measures review where the foreign exporter does not export the goods, or exports low volumes, during the review period.

The change addresses situations where the actions of a foreign exporter during the period examined for the purpose of the anti-dumping measures review mean that the export price of the goods cannot be reliably determined. These actions result in the application of reduced rates of duty, as provided for by the existing law, that do not remedy the effects of dumping.

The Office of Best Practice Regulation (OBPR) assessed the Regulation Impact Statement (RIS) prepared by the Department of Industry, Innovation and Science as compliant with the Government’s requirements but not best practice. The OBPR considers that the policy development process as described in the RIS departed from best practice since the options considered would have benefited from broad-based consultation. The RIS estimates the average annual regulatory cost of the change at $2000.