What the Commission Is

The Anti-Dumping Commission is the Australian Government’s specialist trade remedies authority. It administers Australia’s anti-dumping and countervailing system, which is designed to address unfair international trading practices that harm Australian industries.

Its role is to investigate allegations that imported goods are being sold in Australia at unfairly low prices or are benefiting from foreign government subsidies. If those practices are found to cause material injury to Australian producers, the Commission recommends whether duties should be imposed.

The Commission does not impose duties itself. It conducts investigations and provides recommendations. The responsible minister makes the final decision.

Australia’s trade remedies system operates within World Trade Organization rules. Anti-dumping and countervailing measures are permitted under these rules when specific legal conditions are met.

Where It Sits in Government

The Anti-Dumping Commission operates within the Australian Government’s executive structure under the Industry portfolio. It sits within the Department of Industry, Science and Resources.

The Customs Act 1901 establishes the Commission and creates the statutory office of the Anti-Dumping Commissioner. The Commissioner is appointed by the minister for a term of up to five years and is supported by Australian Public Service staff.

Historically, anti-dumping investigations were conducted by the Australian Customs and Border Protection Service. Following the 2012 Brumby Review, responsibility was transferred to a dedicated Commission to strengthen expertise and improve administrative effectiveness.

Policy responsibility for trade remedies is shared across government. The Department of Industry oversees administration. The Department of Foreign Affairs and Trade manages international trade policy and WTO engagement. The Department of Agriculture, Fisheries and Forestry has an interest where agricultural industries are affected.

The Commission also operates within a governance framework that includes the International Trade Remedies Forum and the Anti-Dumping Review Panel, which conducts merits review of certain decisions.

What It Investigates

The Commission investigates two primary types of conduct. Anti-dumping investigations examine whether goods are exported to Australia at prices lower than their normal value, usually the price charged in the exporter’s home market. Countervailing investigations examine whether foreign government subsidies enable exporters to sell goods in Australia at artificially low prices.

In both cases, the Commission must establish material injury. It does not impose measures simply because dumping or subsidisation exists. It must demonstrate that the conduct has caused, or threatens to cause, material injury to an Australian industry. This involves examining economic indicators such as production volumes, profitability, market share and capacity utilisation.

The Commission also conducts reviews of existing measures to determine whether duties should continue, be varied or be revoked. It monitors compliance and addresses attempts to circumvent imposed duties.

The government has announced that responsibility for safeguard investigations will transfer from the Productivity Commission to the Anti-Dumping Commission. Safeguards address serious injury caused by sudden import surges, regardless of whether imports are dumped or subsidised.

How the Investigation Process Works

Most investigations begin with an application from an Australian industry producing goods that are like the imported product. The Commission has 20 days to decide whether there are sufficient grounds to initiate an investigation.

If initiated, a public notice is issued and interested parties are invited to participate. These parties may include importers, exporters, foreign governments and trade associations. Participants can provide submissions and complete detailed questionnaires. The Commission may verify information through on-site or remote reviews.

The investigation follows a structured timetable.

Provisional measures may be imposed from around day 60 if preliminary findings support action.

A statement of essential facts is issued at approximately day 110, outlining the Commission’s preliminary conclusions.

By around day 155, the Commissioner provides a final report and recommendation to the minister.

If the minister decides to impose measures, importers pay dumping or countervailing duties at the time goods enter Australia.

Affected parties may seek merits review through the Anti-Dumping Review Panel. Judicial review through the courts is also available.

The Commission maintains an electronic public record for each case to ensure transparency, while protecting confidential business information.

Legal Framework and Key Policy Mechanisms

The Commission operates under Part XVB of the Customs Act 1901 and the Customs Tariff Act 1975. These laws implement Australia’s obligations under World Trade Organization agreements.

A central requirement is proving both dumping or subsidisation and material injury, and establishing a causal link between them.

One important policy mechanism is the lesser duty rule. This allows the Commission to recommend a duty lower than the full dumping margin if a lower amount is sufficient to remove injury. Recent reforms have limited the routine use of this rule in complex cases, including those involving small and medium enterprises or opaque subsidy regimes.

The Commission may also assess whether a particular market situation exists in the exporting country. This occurs where domestic prices are distorted by government intervention, making them unsuitable for comparison when calculating dumping margins.

The Commission operates under published guidelines and information handling policies. Parties must provide confidential and non-confidential versions of submissions to ensure transparency while protecting sensitive information.

The Anti-Dumping Commission plays a defined and technical role within Australia’s trade policy framework by investigating unfair trade practices and recommending remedies where legal thresholds are met. It operates within a legislated process that balances transparency, due process and protection of confidential information, and is distinct from agencies responsible for trade policy, border enforcement or competition regulation. Readers seeking further information can consult the Commission’s official website at industry.gov.au and the guidance published by the Department of Foreign Affairs and Trade on WTO trade remedies.