SARS published the final anti-dumping duties for Germany, the Netherlands, and the United Kingdom (UK) on 23 August 2021. This decision came in only a day before the 18-month deadline for the investigation was set to expire.

All producers in Germany received a residual anti-dumping duty of 73.33%, even though a producer participated and was found to a considerably lower dumping margin. In the Netherlands Plukon was exempted and all other companies received a residual duty of 22.81%, including the 2 companies who were found to not be dumping in the original investigation. Not a single respondent had a calculated duty even close to the residual duty. The United Kingdom had Moy Park, 2 Sisters and Amber Foods exempted, with all other producers receiving the residual duty of 30.99%.

Exporters who took part in the initial case and got exempted, but did not participate in the sunset review, also got the residual duty, a direct contravention of the WTO Anti-dumping Agreement.

None of this is consistent with literally any sunset review South Africa has ever conducted.

This raises the question of whether these duties are legitimate or simply being used to lockout exporters and countries out of South Africa’s bone-in chicken market?

If you are not alarmed at what happened here, you should be. This might be the new way in which investigations are being concluded.

Take a moment, get your chickens in a row, and contact us at info@xa.co.za.

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