Safeguard Duties

Whether you’re a local manufacturer facing import competition or an importer/exporter responding to a safeguard investigation, our expert consultants can assist you throughout the process.

Safeguard measures are becoming an increasingly important trade remedy tool in South Africa.

Safeguard measures differ from anti-dumping duties in that they protect specific domestic industries from surges in imports of any product—regardless of pricing practices. The focus is on import volume and its impact on local industry, not on whether products are being dumped.

SACU Safeguard Cases
Submission and evaluation of application

ITAC’s investigation team conducts a thorough evaluation of submitted safeguard applications to determine whether a prima facie case exists. Applications must adhere to prescribed information requirements.

During the preliminary assessment, investigators verify compliance with all ITAC requirements. Applications containing deficiencies or omissions are returned to the applicant with specific instructions for rectification.

Verification and initiation of investigation

Upon acceptance, ITAC’s investigation team verifies the information against the applicant’s company records to ensure all submitted data is reasonable and reliable.

Applications with unverifiable information face rejection. Following successful verification, ITAC formally initiates the safeguard investigation through publication in the Government Gazette.

Filing of comments by interested parties

Interested parties, including importers and exporters, have 30 days from the date of publication to file submissions with ITAC. Extension requests will be considered where good cause is demonstrated.

All information provided must be accurately substantiated with supporting documentation and evidence. 

The decision

ITAC may impose provisional safeguard duties while the investigation continues, for a maximum of 200 days.

Upon completing its investigation, ITAC issues a final decision. Final duties may match, exceed, or fall below preliminary rates.

Safeguard duties apply to all countries, including Free Trade Agreement partners like the SADC, AfCFTA and EU. Developing and least developed countries are typically exempted.