{"id":"F2013L00891","name":"Customs Tariff (Anti-Dumping) Regulation 2013","slug":"customs-tariff-anti-dumping-regulation-2013","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"91 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437814,"registerId":"F2013L00891-fast-fetch-1775954508311","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Customs Tariff (Anti-Dumping) Regulation 2013","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms](image.001.png)\n\n \n\n \n\nCustoms Tariff (Anti‑Dumping) Regulation 2013\n\n \n\nSelect Legislative Instrument No. 91, 2013\n\nI, Professor Marie Bashir AC CVO, Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Customs Tariff (Anti‑Dumping) Act 1975.\n\nDated 30 May 2013\n\nMarie Bashir\n\nAdministrator\n\nBy Her Excellency’s Command\n\nJason Dean Clare\n\nMinister for Home Affairs\n\n \n\n \n\n \n\n \n\n \n\nContents\n\n1 Name of regulation\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 Methods of working out interim dumping duty\n\n6 Methods of working out interim third country dumping duty\n\n \n\n1  Name of regulation\n\n  This regulation is the Customs Tariff (Anti-Dumping) Regulation 2013.\n\n2  Commencement\n\n  This regulation commences on the commencement of Schedule 1 to the Customs Tariff (Anti‑Dumping) Amendment Act (No. 1) 2012.\n\n3  Authority\n\n  This regulation is made under the Customs Tariff (Anti‑Dumping) Act 1975.\n\n4  Definitions\n\n  In this regulation:\n\nAct means the Customs Tariff (Anti‑Dumping) Act 1975.\n\nexport price has the meaning given by section 269TAB of the Customs Act 1901.\n\nnormal value has the meaning given by section 269TAC of the Customs Act 1901.\n\n5  Methods of working out interim dumping duty\n\n (1) For subsection 8(5BB) of the Act, this section prescribes methods for working out the amount of interim dumping duty payable on goods the subject of a notice under subsection 269TG(1) or (2) of the Customs Act 1901.\n\nCombination of fixed and variable duty method\n\n (2) A method is:\n\n (a) work out the amount of the difference between:\n\n (i) the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and\n\n (ii) the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and\n\n (b) if the export price of the particular goods is less than the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice, work out the amount of the difference; and\n\n (c) add the amounts worked out under paragraphs (a) and (b) to obtain the interim dumping duty payable on the goods.\n\n (3) The amount worked out under paragraph (2)(a) must be:\n\n (a) ascertained as a proportion of the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice, and applied to the greater of:\n\n (i) the export price of the particular goods; and\n\n (ii) the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; or\n\n (b) applied by reference to a measure of the quantity of the particular goods; or\n\n (c) applied by reference to a combination of a proportion mentioned in paragraph (a) and the quantity mentioned in paragraph (b).\n\nFloor price duty method\n\n (4) A method is to work out the difference between:\n\n (a) the export price of the particular goods; and\n\n (b) the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice;\n\nto obtain the interim dumping duty payable on the goods.\n\n (5) However, subsection (4) only applies if the export price of the particular goods is less than the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice.\n\nFixed duty method\n\n (6) A method is:\n\n (a) work out the difference between:\n\n (i) the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and\n\n (ii) the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and\n\n (b) apply the amount by reference to a measure of the quantity of the particular goods to obtain the interim dumping duty payable on the goods.\n\nAd valorem duty method\n\n (7) A method is:\n\n (a) work out the difference between:\n\n (i) the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and\n\n (ii) the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and\n\n (b) express the result as a proportion of the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice and applied to the export price of the particular goods to obtain the interim dumping duty payable on the goods.\n\n6  Methods of working out interim third country dumping duty\n\n (1) For subsection 9(5AB) of the Act, this section prescribes methods for working out the amount of interim third country dumping duty payable on goods the subject of a notice under subsection 269TH(1) or (2) of the Customs Act 1901.\n\nCombination of Fixed and Variable duty method\n\n (2) A method is:\n\n (a) work out the amount of the difference between:\n\n (i) the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and\n\n (ii) the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and\n\n (b) if the export price of the particular goods is less than the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice, work out the amount of the difference; and\n\n (c) add the amounts worked out under paragraphs (a) and (b) to obtain the interim third country dumping duty payable on the goods.\n\n (3) The amount worked out under paragraph (2)(a) must be:\n\n (a) ascertained as a proportion of the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice, and applied to the greater of:\n\n (i) the export price of the particular goods; and\n\n (ii) the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; or\n\n (b) applied by reference to a measure of the quantity of the particular goods; or\n\n (c) applied by reference to a combination of a proportion mentioned in paragraph (a) and the quantity mentioned in paragraph (b).\n\nFloor price duty method\n\n (4) A method is to work out the difference between:\n\n (a) the export price of the particular goods; and\n\n (b) the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice;\n\nto obtain the interim third country dumping duty payable on the goods.\n\n (5) However subsection (4) only applies if the export price of the particular goods is less than the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice.\n\nFixed duty method\n\n (6) A method is:\n\n (a) work out the difference between:\n\n (i) the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and\n\n (ii) the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and\n\n (b) apply the amount by reference to a measure of the quantity of the particular goods to obtain the interim third country dumping duty payable on the goods.\n\nAd valorem duty method\n\n (7) A method is:\n\n (a) work out the difference between:\n\n (i) the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and\n\n (ii) the normal value of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice; and\n\n (b) express the result as a proportion of the export price of goods of that kind as ascertained, or last ascertained, by the Minister for the purpose of the notice and applied to the export price of the particular goods to obtain the interim dumping duty payable on the goods.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument does not expand or narrow the Act's substantive subject matter; it prescribes the mechanical methods for calculating interim dumping and interim third‑country dumping duties under the existing Customs Tariff (Anti‑Dumping) Act 1975 (see regs 5 and 6). Key substantive inputs (export price, normal value) remain defined by the Customs Act and are determined by the Minister for each notice, so the regulation operates within the Act's existing scope rather than changing it."},"complexity_factors":["Multiple alternative calculation methods to choose from (combination, floor price, fixed quantity, ad valorem) (see reg 5(2)–(7) and reg 6(2)–(7)).","Conditional rules that change which method applies (eg. floor price methods apply only if export price < normal value) (reg 5(4)–(5); reg 6(4)–(5)).","Ministerial determinations are central inputs: export price and normal value are those 'ascertained, or last ascertained, by the Minister' for the notice (defs; reg 5 and reg 6 multiple paragraphs).","Calculation variations: application either as a proportion of price, by quantity measures, or a combination (reg 5(3)(a)–(c); reg 6(3)(a)–(c)), requiring different data and unit measurements.","Duplication for third‑country duties (reg 6 mirrors reg 5) increases drafting repetition and identical but separate application streams.","Cross‑references to the Customs Act for key definitions (export price, normal value) mean users must consult multiple statutes to compute duties (definition clause referencing Customs Act sections).","Administrative and compliance burden on importers: computations require ministerial figures, comparisons (greater of prices), and possibly per‑unit measures for each consignment (reg 5(2)–(3)).","Scope for ministerial discretion in ascertaining values creates operational uncertainty for importers about the final interim rate to be applied (repeated phrasing throughout regs 5 and 6)."],"plain_english_summary":"This regulation prescribes the formulas for calculating interim dumping and interim third‑country dumping duties. It sets four alternative calculation methods (combination fixed/variable, floor price, fixed duty and ad valorem) and rules for applying those methods to particular consignments. \n\nIt affects importers of goods covered by a ministerial notice because they must pay the interim duty calculated under these methods. The Minister supplies the export price and normal value used, so ministerial determinations and the chosen method determine the amount payable and the compliance burden."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: prescribing calculation methods for interim dumping duties. It does not expand beyond the technical mathematical framework authorized by the parent Act."},"complexity_factors":["Heavy cross-referencing to the Customs Act 1901 (sections 269TAB, 269TAC, 269TG, 269TH) and the Customs Tariff (Anti-Dumping) Act 1975","Nested conditional logic in the combination method (section 5(2)-(3)) with multiple sub-paragraphs and alternative application methods","Repetitive structure — sections 5 and 6 are nearly identical, creating redundancy but also potential for subtle interpretive differences","Technical trade terminology requiring external statutory definitions ('export price', 'normal value', 'interim dumping duty')","Mathematical formulas with multiple variables and conditional triggers (e.g., 'if the export price of the particular goods is less than...')"],"plain_english_summary":"This regulation sets out the mathematical formulas for calculating interim dumping duties — temporary taxes on imports alleged to be sold in Australia at unfairly low prices. It prescribes several calculation methods and assigns responsibility to the Minister for Home Affairs to determine the prices and values used.\n\nIt affects importers subject to anti‑dumping investigations and protects Australian producers from injury while full inquiries proceed, ensuring predictable, consistent interim protection."}},"importantCases":[],"_links":{"self":"/api/acts/customs-tariff-anti-dumping-regulation-2013","history":"/api/acts/customs-tariff-anti-dumping-regulation-2013/history","analysis":"/api/acts/customs-tariff-anti-dumping-regulation-2013/analysis","conflicts":"/api/acts/customs-tariff-anti-dumping-regulation-2013/conflicts","importantCases":"/api/acts/customs-tariff-anti-dumping-regulation-2013/important-cases","documents":"/api/acts/customs-tariff-anti-dumping-regulation-2013/documents"}}