Anti-Dumping Duties

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.

  • 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
  • Final anti-dumping duties on frozen chicken imported from Germany, Netherlands, and the United Kingdom

    The anti-dumping sunset review investigation on frozen bone-in chicken imported from Germany, Netherlands, and UK has been finalised. When an anti-dumping duty is imposed, it remains in place for 5 years, however, it is reviewed towards the end of this period. If no sunset review investigation is initiated, the anti-dumping duties will lapse. An investigation

    August 23, 2021
  • 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

    July 12, 2021
  • Provisional anti-dumping duties imposed on pasta imported from Egypt, Latvia, Lithuania and Turkey

    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 of

    April 5, 2021