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World Trade Organization

Trade remedies

Anti-dumping, countervailing and safeguard measures

Trade remedies are trade policy tools that allow governments to take remedial action against imports which are causing material injury to a domestic industry. Such remedies are divided broadly into:

  • anti-dumping measures
  • countervailing measures
  • safeguard measures.

These remedies are triggered in response to different situations and circumstances which may be causing  injury to a domestic industry.

The following outlines the relevant World Trade Organization (WTO) rules and provides a short summary of the circumstances under which trade remedies may be invoked, and the procedures for activating their use. It also provides information on how Australian business can access Australia’s trade remedies system.

For more information on trade remedies, including anti-dumping, subsidies, and safeguards, check out the WTO’s guide Understanding the WTO – The Agreements - anti-dumping, subsidies, safeguards.

Anti-dumping measures and the WTO Anti-Dumping Agreement

Article VI of GATT 1994, elaborated by the WTO Anti-Dumping Agreement, allows countries to take action against imports from countries allegedly exporting at dumped prices. Anti-dumping action is undertaken in response to an application from industry concerning injurious dumped imports.

An exporting company is said to be "dumping" when it exports its product at a price lower than its normal value (that is, the price at which that product is sold on the domestic market in the exporting country). When dumping causes or threatens to cause material injury to a domestic industry, remedial action may be taken.

In Australia, anti-dumping investigations are conducted by the Anti-dumping Commission.

Anti-dumping measures are imposed by the Minister for Industry and Innovation on the recommendation of the Anti-Dumping Commissioner.

Countervailing measures and the WTO Agreement on Subsidies and Countervailing Measures

The WTO Agreement on Subsidies and Countervailing Measures (the Subsidies Agreement) disciplines the use of subsidies, which are generally permissible under GATT 1994 and the WTO Agreements. The Subsidies Agreement defines a subsidy as a financial contribution by a government or a public body that confers a benefit on the recipient.

The Subsidies Agreement also regulates the actions countries can take to counter the trade effects of subsidies. A country may remedy the trade effects of a subsidy multilaterally through dispute settlement procedures and thereby seek the withdrawal of the subsidy or the removal of its adverse effects.

Alternatively, a country may unilaterally launch its own investigation (known as a countervailing duty investigation) whereby an extra duty ("countervailing duty") may be imposed on subsidised imports to offset the injury to domestic producers. Where industry faces injury from subsidised imports, industry may lodge an application for the initiation of a countervailing duty investigation.

In Australia, countervailing duty investigations are conducted by the Anti-Dumping Commission. Countervailing measures (duties) are imposed by the Minister for Industry and Innovation on the recommendation of the Anti-Dumping Commissioner.

How can Australian industry apply for an anti-dumping or countervailing duty investigation?

Further information on applying for an anti-dumping or countervailing measures investigation can be found here: Apply for anti-dumping or countervailing duties (measures).

Any Australian registered business (with an Australian Business Number) that is a small or medium-sized enterprise (a business that has 200 or less full-time staff in total*), can also access the International Trade Remedies Advisory Service (ITRA Service) for assistance.

The ITRAS is not part of the Anti-Dumping Commission or the Anti-Dumping Review Panel and does not act on their behalf.

Safeguard measures and the WTO Agreement on Safeguards

Broadly, safeguard action is an "emergency action" which may be taken where a surge of imports causes, or threatens to cause, serious injury to a domestic industry.

Safeguard action may involve the restriction of imports of a product temporarily to help the domestic industry adjust. Safeguard measures are applied on a global basis and may take the form of tariffs, tariff rate quotas quantitative restrictions (import quotas) or other measures. These measures must be temporary, product-specific and, generally (with some exceptions), they must be applied to all imports irrespective of the source.

Safeguard action can only be imposed after a full investigation by a competent authority, which is currently the Productivity Commission in Australia. If a positive finding is made, the recommendations are presented to Parliament by the Treasurer and a global safeguard measure may be applied, subject to a decision by the Government. The Government can decide not to apply a safeguard measure, even if the Productivity Commission makes a positive determination. If a negative finding is made, the findings will still be published, and the report will still be tabled in Parliament.

On 28 August 2025, the Australian Government announced its intention to move responsibility for safeguards investigations from the Productivity Commission to the Anti-Dumping Commission. Further details on the timing of this transition will be provided when available.

How can industry seek a safeguard measure?

Australian industry wishing to activate Australia's safeguard procedures should contact the relevant portfolio Minister responsible for the product involved, the Minister for Trade and Tourism or the Treasurer. This should be in the form of a written application (for example, a letter with supporting evidence) requesting that an investigation take place. An application should include background information on the domestic industry, including known producers, as well as relevant information on the product and relevant importers.

If the Australian Government decides to initiate a safeguard investigation, the Treasurer will refer it to the Productivity Commission.

Public notice of the initiation of a safeguard investigation is given by the Productivity Commission and the investigation could involve public hearings or other appropriate means to enable importers, exporters and other interested parties to present evidence and their views. Under WTO rules, Australia is also required to immediately notify the WTO and affected countries of the initiation of a safeguard investigation and its outcome. The WTO Safeguards Committee has agreed on notification formats and standards (see WTO document G/SG/1 [PDF] ).

Further guidance on the safeguards investigation process:

Australian businesses seeking further information can email: trade.remedies@dfat.gov.au.

Trade remedies investigations initiated by foreign governments

Australia monitors global trade developments and assists in responses to trade remedy actions that impact our interests, such as anti-dumping, countervailing (anti-subsidy) and safeguard measures, initiated by foreign governments.

Australian businesses involved in trade remedy investigations initiated by foreign governments, or seeking further information can email: trade.defence@dfat.gov.au

Resources


* where a business is part of a group of businesses, this number is for the group combined.

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