The Australian Customs and Border Protection Service (Customs and Border Protection) is the sole agency responsible for anti-dumping and countervailing investigations. The Trade Measures Review Officer (the Review Officer) provides an independent administrative appeal mechanism in relation to these matters.
The Review Officer is a statutory appointment made by the Minister responsible for Customs and Border Protection (currently the Minister for Home Affairs). The Review Officer's function is to review, upon application, certain decisions made by the Minister or by the Chief Executive Officer of the Australian Customs and Border Protection Service (the CEO) relating to anti-dumping and countervailing investigations.
In June 2011, the Government announced plans to replace the TMRO with a panel of members as part of the Government's improvements to the anti-dumping system. The arrangements for the new panel, including legislative amendments, are being progressed as quickly as possible.
On 5 August 2011, the Minister for Home Affairs appointed Stephen Skehill as acting Trade Measures Review Officer. To ensure reviews are conducted in a timely manner, Mr Skehill will act under the current arrangements for independent review. On 30 January 2012, the Minister for Home Affairs announced the reappointment of Mr Skehill for a further 6 months. You can access the Minister's press release here.
The legislative provisions relating to anti-dumping are contained in Part XVB of the Customs Act 1901 (the Act). The powers and responsibilities of the Review Officer are set out in Divisions 8 and 9 of Part XVB of the Act. Customs Regulations 180 and 181, and the Customs Tariff (Anti-Dumping) Act 1975, are also relevant.
Australia is obliged, as a signatory to the World Trade Organization Uruguay Round Anti-Dumping Agreement and Agreement on Subsidies and Countervailing Measures, to ensure that its anti-dumping legislation and procedures comply with those Agreements.