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.
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 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 withinJuly 12, 2021
Provisional anti-dumping duties have been imposed on pasta imported from Egypt, Latvia, Lithuania, and Turkey. The anti-dumping duties came into effect on 1 April 2021 and will remain in place until 16 September 2021. Thereafter, final anti-dumping duties may or may not be imposed. However, considering that ITAC has already made a preliminary finding ofApril 5, 2021
The International Trade Administration Commission (ITAC) has initiated an anti-dumping investigation on clear float glass originating in or imported from Malaysia. The anti-dumping application was lodged by PFG Building Glass, a division of PG Group (Proprietary). This is the only local manufacturer of the subject product. Scope of the investigation The products under investigation areMarch 19, 2021
The U.S. Commerce Department issued final anti-dumping duties on common alloy aluminium sheets from 18 countries covered in the investigation. Common alloy aluminium sheet is a flat-rolled product used in building facades and truck trailer bodies to street signs. South Africa was covered in the investigation that initiated in April 2020. The US federal register indicatesMarch 8, 2021
On 11 December 2020, the International Trade Administration Commission initiated a sunset review investigation on portland cement imported from Pakistan. Anti-dumping duties are imposed for 5 years and a sunset review investigation is initiated to determine if the anti-dumping duties are still necessary. Each exporter cooperating in the sunset review will have its own anti-dumpingDecember 14, 2020
An anti-dumping sunset review investigation on fresh or chilled garlic imported from China initiated on 23 October 2020. Importers and Chinese exporters have until 22 November to make submissions to ITAC. The South African Garlic Growers Association is the applicant. The association alleges that the expiry of the current anti-dumping duty of R19.25 will impactOctober 26, 2020
Bolux Group, Namib Mills, Pioneer Foods, and Tiger Brands applied for anti-dumping duties on pasta imported from Egypt, Latvia, Lithuania, and Turkey. The International Trade Administration Commission (ITAC) initiated has initiated the investigation today, 21 September 2020. The subject product is, classified under tariff subheading 1902.19 and 1902.11. Tariff subheading 1902.11 is included in theSeptember 21, 2020
Final anti-dumping duties imposed on clear float glass originating in or imported from Saudi Arabia and the United Arab Emirates
Final anti-dumping duties on clear float glass originating in or imported from Saudi Arabia and the United Arab Emirates (UAE) have been gazetted. The anti-dumping duties have been implemented from today, 7 February 2020. The impacted products are classified under tariff subheadings; 7005.29.23, 7005.29.25 and 7005.29.35. The anti-dumping duties have been imposed following an anti-dumping investigation initiated by the InternationalAugust 26, 2020
The anti-dumping duty circumvention investigation on clear float glass resulted in a 27.26% anti-dumping duty on Guardian Egypt – Egyptian Glass Company SAE. ITAC initiated the investigation on 23 August 2019 while the original anti-dumping investigation on clear float glass imported from Saudia Arabia and UAE was still ongoing. The investigations initiated following an applicationAugust 14, 2020