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Tuesday, 12 June 1984
Page: 2878

(Question No. 896)


Senator Peter Rae asked the Minister for Industry and Commerce, upon notice, on 29 May 1984:

(1) Did ACN 84/96 advise that- (a) outboard motors have been exported from the United States at prices less than their normal values in the domestic market;

(b) these exports are causing material injury to the Australian industry;

(c) the Department of Industry and Commerce has decided not to impose securities at this stage; and

(d) imports will be monitored and appropriate action taken in response to changes in import patterns to prevent material injury being caused during the period of the investigation.

(2) Why have securities not been imposed, if the Department of Industry and Commerce is satisfied that dumping has occurred and that material injury has been caused.


Senator Button —The answer to the honourable senator's question is as follows:

(1) (a) (b) (c) (d) Yes. ACN 84/96 was a preliminary finding based on information submitted by interested parties. This information will be fully verified and tested in the ongoing investigations which in accordance with the newly established procedures will be completed within 120 days from the date of the preliminary finding.

(2) In the administration of anti-dumping action the Government's rights and obligations are determined inter alia by the GATT anti-dumping code.

Article 10 of that code provides that provisional measures shall not be applied until there is a preliminary finding of injury and unless the authorities concerned judge that they are necessary to prevent injury being caused during the period of investigation.

The Department came to the view that on the basis of established trading patterns and known forward import orders, the imposition of securities was not justified.

Provisional measures may be imposed at any time following the preliminary finding. Imports are being monitored and if necessary action will be taken in response to changes in import patterns to prevent material injury being caused pending finalisation of the investigation.