If you want to extend a safeguard duty which is already in place (for 3 years), you need to now file your application for the extension 12 months before expiry of the measure, rather than 6 months, as per the last set of guidelines published.

Why does this matter?

This may seem like a trivial change, but it’s not. Minister Patel was challenged for illegally extending the safeguard duties on hot-rolled steel and capitulated. The safeguard duty was not extended. Why did this become a problem so serious that the Minister felt it worthwhile to take the risk of illegally extending the safeguard duty? In part, at least, because of how late the application was filed by ArcelorMittal.

Shortly after the hot-rolled steel matter, a late request was received to extend the safeguard duties on set screws. Although the Minister did not illegally extend the safeguard duty this time, he hurriedly implemented the extension on literally the last day possible, leaving that decision open to legal challenge.

It seems as if ITAC realised they needed more time to finalise an extension review, if such review was to be completed before the safeguard measure lapsed. 

Want to know more? Please contact us at info@xa.co.za.

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