Anti-dumping duties on frozen chips removed

The anti-dumping duties on frozen chips imported from Belgium and Netherlands have been terminated. Although the gazette was published on 9 July 2021, the termination applies retrospectively from 26 January 2021.

It was necessary for the International Trade Administration Commission (ITAC) to terminate the anti-dumping duties because the sunset review investigation was not finalised within 18 months. The WTO, Anti-dumping Agreement requires investigations to be finalised within the 18 month period. Although unusual, it is unclear why ITAC could not finalise the sunset review investigation within the prescribed time period.

The good news for importers is that a refund of anti-dumping duties paid after 26 January can be claimed back. The termination of the anti-dumping duty is likely bad news for domestic frozen chips producers. Domestic producers had indicated their intention (through a sunset review application) to have the anti-dumping duties remain in place for another 5 years. It’s possible for the domestic producers to file another new anti-dumping application with ITAC.

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