Dear Mr Latina
Congratulations again on your recent appointment as Commissioner. Your appointment comes at a critical time and as such it is important to outline my expectations for the Anti‑Dumping Commission (the Commission).
The anti-dumping system works to create a level playing field by remedying injury caused by dumped or subsidised goods imported into Australia.
You lead the commission’s work in investigating allegations of dumping and subsidisation and must ensure the effective and efficient administration of the system.
I expect you to use all the powers available to you to ensure that Australian manufacturers are not injured by unfair trade through dumping and subsidisation.
Consider the strategic environment
A successful modern economy depends on a strong advanced manufacturing capability.
The Government is building a robust and diverse economy by investing in Australian manufacturing, including through the Future Made in Australia and National Reconstruction Fund initiatives. This investment will drive national productivity and competitiveness, and create secure, sustainable and well-paid jobs for Australians.
I expect the anti-dumping system to support this agenda by ensuring a fair and competitive environment that supports and encourages investment into Australia.
The geostrategic environment you operate in has changed rapidly. International overcapacity in key sectors, combined with the increasing use of quotas and tariffs by other countries are altering international trade flows. There is a significant risk for trade diversion and dumping into the Australian market undermining otherwise competitive Australian industry.
You should be responsive to the needs of Australian industry and remedy unfair trade where it is taking place. I expect you to provide me with accurate and timely information on emerging global trade issues, including in relation to any specific industry sectors, and the actions you are taking to ensure Australian industry is not being subject to unfair trade.
Effective, timely and accessible remedies
In this time of rapid global change and uncertainty, timely and accessible remedies to unfair trade are critical for Australian businesses.
While I appreciate multiple factors impact case timelines, I am concerned that current case lengths are too long. Material injury caused to Australian industries by dumping and subsidisation is being exacerbated by lengthy investigation timelines.
I expect you to prioritise effective remedies for Australian manufacturers and producers being injured by dumping and subsidisation, including issuing preliminary affirmative determinations, as soon as possible where the circumstances warrant.
While the commission’s case lengths are published in the Department of Industry, Science and Resources’ Annual Report, I would welcome the ADC’s advice on how to establish a more dynamic public reporting regime. I believe this would help drive performance improvement within the commission and streamline operations where necessary to get case timeframes down. This is a high priority and I expect to see further improvements to timeliness year on year.
The anti-dumping system can only provide effective outcomes for Australian industry if businesses are aware of it and have meaningful access to it. I expect you to proactively reach out to all relevant stakeholders, including manufacturers, producers, unions and importers to provide education on the anti-dumping system and the role of the commission in addressing unfair trade. I expect you to administer the system in a manner that facilitates access to the system. This includes making available, where possible, relevant data about dumped products, ensuring guidance and education material is publicly available and kept up to date, and working collaboratively with stakeholders to enhance their ability to access the system.
The complexity of the anti-dumping system, and the resources required to effectively engage with the system, can reduce meaningful access for small and medium enterprises (SMEs). You should endeavour to understand the challenges facing small to medium business owners and consider this in your engagement with them, with a view to facilitating wider access by businesses to the system. To achieve this, I expect you to collaboratively engage with the International Trade Remedies Advisory Service.
If special circumstances arise that make it appropriate for me, consistent with Australia’s World Trade Organization (WTO) obligations, to request the initiation of an investigation, review of measures or anti-circumvention inquiry, your advice and evidence to me, justifying initiation, must reflect this.
Best practice regulator
I expect you to lead a world-class trade remedies authority. I expect your advice, recommendations and decisions to be developed and discharged in line with relevant legislation; Australia’s international obligations; and to be robust, evidence‑based and provide certainty for all users of the anti-dumping system.
In your role leading a best practice regulator, my expectations are that you:
- strive for continuous improvement of the commission’s performance, capability and culture
- maintain public trust and confidence in anti-dumping investigations and other related processes
- continue the commission’s high level of transparency for individual matters, in line with requirements of the Customs Act 1901 and Australian Government privacy and information access rights and requirements
- explore opportunities and manage the risk associated with incorporating digital and regulatory technology into the work of the commission to improve outcomes
- ensure any shortcomings identified through merits and judicial reviews are used to inform improved investigative processes, practices and the integrity of subsequent anti‑dumping decisions
- regularly assess and analyse the commission’s progress against the performance measures established in my department’s Annual Report, and best practice regulatory performance principles encouraged by the Department of Finance
- evaluate the performance measures themselves on a regular basis to ensure they remain robust and promote ongoing innovation and improvement.
Engagement across the anti-dumping system
I recognise the important role of the International Trade Remedies Forum (the Forum), and its membership, to advise me on the operations of the anti-dumping system. As convenor of the Forum, you facilitate the work of Forum members in identifying pressure points within the system and opportunities for improvement, and present me with their views. This includes convening subcommittees, where appropriate, to support the wider Forum.
In addition, I expect you to:
- consider how to educate stakeholders about the system and improve access
- work across government to ensure the system is effectively remedying injury caused by dumping and countervailable subsidisation
- connect with partner agencies’ data and capabilities to support investigative processes, and where appropriate, provide me with information and analysis to support me as the Minister responsible for the anti‑dumping system
- work closely with the Australian Border Force to assist them in enforcing anti-dumping and countervailing measures and to combat noncompliance by importers
- maintain a close relationship with the Department of Foreign Affairs and Trade (DFAT) including in the defence of Australia’s trade remedy system in the WTO
- develop constructive relations with the trade remedy authorities of our key trading partners and engage with regional counterparts to promote best practice in anti-dumping operations based on WTO rules, alongside DFAT.
In engaging with my department, I expect:
- you will keep the Secretary apprised of the operating requirements to carry out your role and function
- the Secretary will continue to determine the budget and staff allocation for the commission, in consultation with you
- management of your resources should be done with a view to building and securing the skills, capabilities and culture necessary to support high performance and delivery against emerging demands
- you to work with the Secretary where relevant and appropriate, including making available the considerable expertise and data holdings of the commission and sharing any market intelligence that can assist the work of my department
- the Secretary will ensure my department engages closely with the commission and provides the appropriate support for the commission to progress the expectations contained in this letter.
Statement of Intent
I would appreciate your response to this letter in the form of a statement of intent as soon as practicable. Your response should outline how the commission proposes to meet my expectations and how you will embed best practice regulatory performance principles into its work. To enable greater transparency and accountability, I intend for this statement of expectations and your statement of intent to be made public.
Yours sincerely
Ed Husic MP
CC: Meghan Quinn, PSM, Secretary, Department of Industry, Science and Resources