On 25 May 2018 ITAC published a gazette notifying different local industries of anti-dumping duties due to expire in 2019. These are below:

ProductCountryAnti-dumping dutyDate of ImposedExpiry date
Frozen Potato
Chips
Belgium5.81% - 30.77%08-08-201407-08-2019
Frozen Potato
Chips
Netherlands12.52% -16.42%08-08-201407-08-2019
Stranded wireChina113.25%08-08-201407-08-2019
Wire ropesGermany93% - 96%08-08-201407-08-2019
Wire ropesUnited Kingdom76.17%08-08-201407-08-2019
Gypsum
Plasterboard
Indonesia34.6%01-08-201431-07-2019
Gypsum
Plasterboard
Thailand45%01-08-201431-07-2019
Soda AshUSA8% - 40%19-06-1418-06-19

What does this mean for affected manufacturers?

It should be noted that anti-dumping duties only remain in place for 5 years. In order to extend this period (and the anti-dumping duty), the domestic industry needs to specifically motivate for the extension of the duties in the form of a sunset review application. If a sunset review investigation does not commence before the expiry date of the anti-dumping duties, then these duties will be removed.

When do applications need to be submitted?

Firstly, affected industries need to notify ITAC in writing that they will be submitting a sunset review application. This needs to be done within the deadline provided by ITAC.   It is vital that affected local industries prepare the actual application well in advance given that such applications require a significant amount of information.

Moreover, such applications typically go back and forth between ITAC and the applicants until the application is properly documented. Failure to have a properly documented application may lead to ITAC not initiating an investigation and local industry losing the anti-dumping protection.

In 2016 the local manufacturers of acrylic blankets lost their anti-dumping duty protection. This appears to have been as a result of failure to file a properly documented application in time.

What happens after ITAC accepts the application?

ITAC will consider the application to determine whether there is indeed prima facie evidence that  justifies the initiation of a review. If a review is initiated, a notice will be published in the Government Gazette. Interested parties, including foreign exporters of the subject product, and their local importers, can submit responses which provide ITAC with certain specific information.

It is vital that exporters and importers file responses with ITAC to enable ITAC to calculate anti-dumping duties (if any) for a specific exporter. Without submitting such information, a residual anti-dumping duty will be imposed. This is simply an anti-dumping duty imposed on all other exporters from a specific country. Such a duty is typically higher than anti-dumping duties calculated for specific exporters of the subject product.

If you need any additional information or want XA to assist in preparing your application or response please contact us on

info@xa.co.za.

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