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Tuesday, 27 November 2012
Page: 13635

Home Affairs

(Question No. 1205)


Mrs Mirabella asked the Minister for Home Affairs, in writing, on 10 September 2012:

(1) In 2011-12, what proportion of applications for merit review for anti-dumping/countervailing decisions remitted for reconsideration resulted in the original decision being overturned, and how does this compare with the 2010-11 program year.

(2) In (a) 2010-11, (b) 2011-12 and (c) 2012-13 (to date), (i) how many external appeals have been launched against Customs and Border Protection (CBP) decisions on tariff advice, valuations advice, rules of origin, and refund and drawback applications, (ii) how many cases were heard by the Administrative Appeals Tribunal, and (iii) in how many cases has a CBP decision been overturned.


Mr Clare: The answer to the honourable member's question is as follows:

(1) Information regarding merit review of anti-dumping/countervailing decisions relating to dumping or subsidisation investigations, including outcomes from reviews, is available from the TMRO web-site (www.tmro.gov.au). Information regarding the outcome of resumed investigations and reinvestigations, following TMRO review, is available from Australian Customs Dumping Notices, Final Reports and Termination Reports available from the Australian Customs and Border Protection website (www.customs.gov.au).

No decisions relating to Duty Assessments were overturned in 2010-11, 2011-12 or 2012-13 (to date 26/09/12).

Under the Customs Act 1901 outcomes of reviews and continuation inquiries are not reviewable.

(2) The number of external appeals against decisions on tariff advice, valuations advice, rules of origin and refund and drawback applications, the number of such cases heard by the Administrative Appeals Tribunal and the number overturned are:

Year

No. of appeals launched

No heard by AAT

No. of CBP decisions overturned

2010-11

14

3

1

2011-12

8

1

0

2012-13

(YTD 10/10/12)

1

0

0