Anti-dumping investigations are complex and can significantly impact market access. With extensive experience with ITAC investigations and processes, we help manufacturers or producers prepare and file anti-dumping complaints. If you are an importer or exporter impacted by an anti-dumping investigation, time and expertise are of the essence. We can help.
How anti-dumping cases begin
Dumping occurs when a foreign company exports a specific product into South Africa at a price lower than what the same product is sold in its home market. The level of anti-dumping duties imposed is determined by the extent of dumping.
An anti-dumping case starts with the local manufacturers or producers preparing an application showing:
Evidence that suggests dumping is taking place
Evidence that suggests that injury to domestic producers is taking place
Evidence that suggests a causal link between the alleged dumping and injury
For an anti-dumping duty to be successfully imposed the above key aspects need to be proven.
The investigation Process
Submission and evaluation of application
A team of ITAC investigators evaluates submitted anti-dumping applications to determine if there is a case. Applications are prepared in a specific format and require specific information. The investigation team will check if the application meets ITAC requirements. Applications that do not meet the requirements are sent back to the applicant for correction.
Verification and initiation of investigation
Once the application is accepted as properly documented, the investigation team will verify the information provided against the applicant’s company records.
The purpose of verification is for ITAC to satisfy itself that the provided information is reasonable and reliable. Unverifiable information means the matter will not proceed and the application will be rejected.
Filing of responses by importers and their foreign suppliers or exporters
Assuming verification goes well and an investigation is formally initiated, importers and exporters have roughly 37 days to make submissions to ITAC. The submitted information by importers and exporters is also verified against the company records. It is vital to provide accurately substantiated and verifiable information.
The decision
A preliminary decision is first made. The decision can be to impose preliminary anti-dumping duties while the investigation continues. Preliminary duties will be in place for a maximum of 200 days.
Anti-umping duties are calculated for each exporter whose information was accepted by ITAC. The anti-dumping duty is imposed on the foreign exporter but paid by the importer.
Exporters who did not participate in the investigation will be subject to the countrywide duty or residual duty.
A final decision is taken when ITAC has completed its investigation. The preliminary duties may be converted to final duties. Alternatively, the final duties may be lower or higher than the preliminary duties.
Anti-dumping investigations take 12 months and under exceptional circumstances can go up to 18 months.
-
The International Trade Administration Commission has published the essential facts letter on the wheelbarrow sunset review investigation. An essential facts letter is part of the anti-dumping investigation process. The letter informs all interested parties of the essential facts under consideration. Furthermore, it forms the basis of the final decision ITAC intends to make. Anti-dumping duty
August 14, 2024 -
No final anti-dumping duties imposed on welded link chains imported from China
On 16 March 2023, The International Trade Administration Commission (ITAC) published the final decision pertaining to welded link chains anti-dumping investigation. The products are classified under tariff subheading 7315.82.05. The Commission made a final determination that dumping of welded link chains imported from China was indeed taking place. Furthermore, the Commission concluded that the dumping
March 17, 2023 -
Provisional anti-dumping duties imposed on vehicle laminated windscreens
The International Trade Commission of South Africa (ITAC) have imposed provisional anti-dumping duties ranging from 18.36% to 26.67%, with effect from 10 February 2023. These will remain in place until 9 August 2023. It is important to note that these duties are levied on top of the 30% duty already in place on tariff subheading 7007.21.20. The
February 14, 2023 -
Anti-dumping investigation on chicken from Brazil, Denmark, Ireland, Poland, and Spain concluded
The International Trade Administration Commission (ITAC) finalised its investigation into the alleged dumping of chicken imported from Brazil, Denmark, Ireland, Poland, and Spain. Most exporters from the five countries were found to be dumping and implementation of anti-dumping duties recommended by ITAC. The Minister of Trade, Industry and Competition approved ITAC’s recommendation but decided to suspend
August 8, 2022 -
Provisional anti-dumping duty imposed on laminated glass imported from China
A provisional anti-dumping duty of 232.78% has been imposed on laminated safety glass, imported from China. The glass is classifiable under tariff subheading 7007.29. This is quite a significant duty and will likely decrease the volumes imported from China. Numerous anti-dumping investigations have been initiated by the International Trade Administration Commission (ITAC) in the last
March 18, 2022 -
Anti-dumping investigation initiated on laminated safety glass imported from China
An anti-dumping investigation on laminated safety glass has been initiated by The International Trade Administration Commission (ITAC). The investigation covers products imported or originating from China. The subject product is classified under tariff subheading 7007.29. Dumping occurs when a foreign company exports a specific product (in this case clear float glass) into the Southern African
October 26, 2021