2020 Anti-dumping Sunset Reviews

Anti-dumping duties are imposed for five years. Before the end of the five year period, a sunset review investigation is initiated by South Africa’s International Trade Administration Commission (ITAC). The purpose of a sunset review is to determine if an anti-dumping duty is still necessary. At the end of the process, the duty is maintained, revised or terminated.

Sunset review investigations up for initiation in the second half of 2020 are below.

Product name Exporting country Anti-dumping duty Expiry date
Float and flat glass China, India 562c/m2 – 1 387c/m2 30-06-2020
Stainless steel sinks China, Malaysia 62.41% – 95.86% 30-06-2020
Wheelbarrows China 29.82% – 39.92% 03-09-2020
Garlic China 1 925 c/kg 29-10-2020
Cement Pakistan 14.29% – 77.15% 17-12-2020

A sunset review investigation will initiate after domestic manufacturers or producers of the subject products submit an application to ITAC.

Who can participate in sunset reviews?

When an investigation initiates, any exporter exporting the subject product from the target countries make submissions to ITAC. Similarly, local importers of the product also make submissions. The participation of both importer and exporter is vital because an anti-dumping duty is imposed on the manufacturing exporter and paid by the importer.

What is the advantage of participating in sunset reviews?

Each exporter cooperating in the investigation will have its own anti-dumping duty calculated. This means anti-dumping duties will be different between cooperating exporters.

No anti-dumping duty is imposed on cooperating exporters found not dumping. This happened in some investigations and more recently in the PET anti-dumping investigation.

A countrywide anti-dumping duty (or residual duty) is imposed on all non-cooperating exporters. This means an exporter who is not dumping but does not cooperate with the sunset review may unnecessarily end up with a residual anti-dumping duty.

Do anti-dumping duties impact new exporters?

A new company or a company that did not export to South Africa during the original anti-dumping investigation has the option of a new shipper review (new exporter review) especially if a sunset review is still years to come. The process allows ITAC to determine if the new exporter is dumping. An anti-dumping duty is not imposed if there is no dumping. Without a new shipper review, the countrywide anti-dumping duty applies.

Apart from a sunset review is there another way to get an anti-dumping duty reviewed?

An interim review also known as a changed circumstances review is an option for companies that already have their own anti-dumping duty calculated from a previous investigation. Significantly changed circumstances in the exporting company are grounds for reviewing the existing anti-dumping duty only for the specific exporter. T

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