Freight & Trade Alliance (FTA) and the Australian Peak Shippers Association (APSA) welcome the opportunity to provide comment on the Department of Industry, Science and Resources' consultation paper Strengthening Australia's Trade Remedies System.
FTA/APSA represent importers, exporters, licensed customs brokers, freight forwarders and major shippers across Australia. Members rely on a trade remedies framework that is predictable, transparent and efficient, while remaining consistent with Australia's international obligations and sovereign capability objectives.
The consultation paper appropriately recognises the increasing complexity of global trade, the growing use of trade remedies internationally, and the need to modernise Australia's system to improve effectiveness, timeliness and accessibility. FTA/APSA broadly support these objectives and offer the following key observations.
Effectiveness
FTA/APSA support limited, transparent powers for the Anti-Dumping Commissioner to amend goods descriptions during the early stages of an investigation, subject to consultation and safeguards. However, amendments beyond the initial phase should not be permitted, as they undermine commercial certainty, expand scope unpredictably and risk duplicating substantial work already undertaken by exporters and importers. Where scope uncertainty arises, publication of an issues paper is preferred.
Members support further consideration of cross-border subsidies, provided reforms remain consistent with World Trade Organisation principles and do not create uncertainty for legitimate trade. More frequent updating of duties may be appropriate, but FTA/APSA strongly oppose any retrospective duty adjustments that result in additional duty being collected after importation.
Timeliness
FTA/APSA support greater delegation of routine or technical decisions to the Anti-Dumping Commissioner, provided equivalent review rights are retained. While acknowledging concerns regarding lengthy merits reviews, FTA/APSA caution against narrowing the scope of review without first assessing whether delays reflect deficiencies in initial investigations. Given the complexity of trade remedy matters, a specialist merits review body remains appropriate, and excessive restriction may drive parties toward costly and opaque Federal Court proceedings.
FTA/APSA do not support systems that leave duty liability unresolved until after importation, such as annualised review models.
Accessibility
Members strongly support measures to improve SME access through simplified applications, clearer evidentiary guidance, enhanced advisory services and modern digital systems. FTA/APSA also strongly support reforms to streamline refunds and endorse a TCO-based exemption framework, noting that where a Tariff Concession Order exists, dumping duty should not apply.
Formal ruling mechanism
A central and longstanding concern for members is the absence of a definitive, binding mechanism to determine whether goods are subject to anti-dumping or countervailing duties. This aligns directly with the International Trade Remedies Forum's "Early Harvest" Proposal #5. FTA/APSA strongly advocate for the establishment of a formal ruling mechanism, modelled on existing tariff and TCO advice processes, to provide early certainty, reduce inadvertent non-compliance, minimise disputes and support efficient border clearance.
FTA/APSA do not support third-party involvement or public contestability in such rulings, noting that rulings concern the application of Commonwealth taxation law to individual import transactions and should remain a matter between the applicant and the Commonwealth.
FTA/APSA welcome continued engagement with government as reforms progress and stand ready to assist in the development of a modern, effective and trusted trade remedies system.