Anti-dumping and Importation
Our specialised customs team has extensive knowledge and experience in import-export issues, particularly anti-dumping and countervailing investigations and litigation, quarantine controls and the effect of international agreements (bilateral treaties, WTO and GATT).
Overview
We have been helping our corporate clients navigate the complexities of anti-dumping law and Customs, across the spectrum of manufacturing, exporting, importing and distribution, for nearly 20 years.
We offer:
- a specialist anti-dumping team, including a WTO panellist;
- a former senior Commonwealth Government office-holder in the anti-dumping area;
- wide experience across a range of industries and issues acting for both Australian and international manufacturers, importers and exporters;
- administrative law expertise; and
- the strength of Australia's premier litigation practice.
Our lawyers have particular expertise helping our clients with:
- anti-dumping and countervailing investigations and litigation;
- tariff concessions;
- tariff valuations;
- preparation of import/export compliance manuals;
- prohibited imports and quarantine issues; and
- the WTO and its specialised agreements including under GATT and the prosecution and defence of cases under the World Trade Organisation’s Dispute Settlement Understanding.
How we can support you
Experience
Overseas and local companies
- Advised both importers and local industry groups in relation to anti-dumping matters in products, including toilet paper, pipe liners, agricultural chemicals, magnetic tape, paper and gas hot water systems
- Liaising with Australian regulators including Customs and Work Safety authorities in relation to the inadvertent entry into Australia of products packed in asbestos
- Advising in relation to the interface between therapeutic goods and other products in relation to Trans-Tasman mutual recognition arrangements, particularly as they relate to dietary supplements
- Acting for various motor vehicle manufacturers in relation to all aspects of their dealings with Customs
- Negotiations with Customs in relation to shipments of over-the-counter (OTC) products not meeting Australian labelling requirements.
Government work
Acting for Customs, successfully defending a Federal Court judicial review application filed by Expo-Trade Pty Ltd. The litigation involved the dumping of ammonium nitrate exported from Russia by Expo-Trade. The Court found for Customs on all of the major issues: country of export, price control and how the calculation of non-injurious price is affected by level of trade and deductions for importer’s costs and profits.
Representing the Minister for Justice and Customs and Customs in judicial review proceedings in the Federal Court, challenging the decision to impose anti-dumping duties with respect to LG Electronics. The Minister and Customs were successful at first instance, and the application for review was dismissed with costs awarded to our clients.