Consultation on the public interest test for dumping and subsidy investigations

Submissions closed: 13 September 2019, 5pm

The Ministry of Business, Innovation and Employment (MBIE) is exploring an approach to aid in an objective and robust examination of the public interest test now required by the Trade (Anti-dumping and Countervailing Duties) Act 1988 (the Act).

MBIE has responsibilities relating to trade and trade remedies. As a part of this role, MBIE conducts investigations under the Trade (Anti-dumping and Countervailing Duties) Act 1988 (the Act) into alleged dumping and subsidies, as well as reviews of duties imposed by previous investigations. We use the term “investigation” to cover both of these processes.

MBIE is considering the particular factors necessary to assess each matter specified in section 10F(3) of the Act. This consultation document sets out MBIE’s proposed approach in two parts. Part 1 discusses how the considerations in 10F(3)(a)-(h) of the Act could be analysed. Part 2 discusses a proposed economic model to inform MBIE’s analysis of some factors of the public interest.

We are seeking your comments on the proposed methodology, the extent to which you consider the factors discussed in Part 1 of the paper are appropriate in addressing the requirements set out in the Act, and the extent to which you consider the PIPES model, discussed in Part 2, is useful in informing the analysis of the public interest.

Last updated: 22 August 2019