It’s 5 months late, but (finally!) the anti-dumping duties on frozen potato chips from Belgium and the Netherlands have been removed. It’s actually more than 5 months late, as the anti-dumping duties expired on 26 January 2021. Fortunately the removal has been backdated meaning that all importers of frozen chips from these countries, who were paying the anti-dumping duties after 26 January 2021, can now claim these duties back.

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It is unfortunate that once again litigation was required to obtain compliance, particularly since this seems to be the new norm.

Given the vigour with which SA producers are now pursuing protective trade actions, often driven by sector masterplans, it becomes extremely important for the law around these actions to be complied with by both ITAC, the Minister of Trade, Industry and Competition and the Minister of Finance. Increasingly we find processes being twisted and contorted to arrive at a pre-determined conclusion, removing trust in the process. In the short-term this may benefit a company or an industry, but overall, other sectors become concerned that they could be on the wrong side of this contrived process and so are reluctant to participate.

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