Safeguards are an extreme reaction to a surge in imports that presents a severe threat to the domestic industry. Unlike anti-dumping or countervailing actions, safeguards are not a response to anything that the exporter or exporting country did. It is merely a response to the surge, and the size of the duty is simply enough to reduce the import volumes. 

Safeguards are typically imposed for a period not exceeding three years. However, local manufacturers may apply for an extension up to 6 years if the commission finds that:

  • The lapse of the safeguard measure imposed in terms of subsection 6 is likely to lead to the recurrence of serious injury,
  • There is evidence that the SACU industry is adjusting

ITAC has published a document providing procedural guidelines for the extension of safeguard measures in terms of Amended Safeguard regulation 21.7.

If you have safeguard measures that are due to expire, understanding these guidelines is critical.

Interested parties have until 15 June 2020 to provide comments.

Wish to comment on these proposed amendments? Contact us on info@xa.co.za

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