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Wednesday, 3 October 1984
Page: 1166

(Question No. 999)

Senator Peter Rae asked the Minister for Industry and Commerce, upon notice, on 22 August 1984:

(1) Does the Minister for Industry and Commerce's answer to Question No. 896 state that- 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.

(2) Has the Department of Industry and Commerce found that outboard motors have been dumped in Australia and are causing material injury as stated in ACN 84/96?

(3) Why haven't dumping duties been imposed when dumping is taking place and is causing material injury and the GATT Code allows anti-dumping action to take place?

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

(1) Yes.

(2) and (3) In accordance with the provisions of Article 6 of the GATT Anti- Dumping Code, the Department has held a meeting of all directly interested parties and has heard opposing views and rebuttal arguments. Further submissions by interested parties have been lodged with the Department since the meeting. Additionally detailed overseas inquiries are being conducted.

An assessment of information currently available to the Department indicates that outboard motors have been exported from the United States of America to Australia at export prices less than the normal values. However inquiries have not yet been finalised due to the need to resolve several complex issues raised by interested parties.

Provisional measures were not imposed at the time of the preliminary finding but it was stated that imports would be monitored and appropriate action taken in response to changes in import patterns to prevent material injury being caused during the period of investigation.

Recently as a result of its monitoring activity, the Department reached the view that material injury is threatened to the Australian industry by imports of outboard motors from the United States of America now on forward order for delivery during the stock build-up period of October to December, prior to the peak summer selling season.

Accordingly provisional measures were imposed on imports of outboard motors from the United States of America entered for home consumption after 24 September 1984. These measures took the form of cash securities or documentary securities with surety at the option of the importer.