The International Trade Administration Commission (ITAC) has published the list of products whose anti-dumping duties expire in 2020. Anti-dumping duties remain in place for a period of 5 years. Towards the end of this period, a sunset review investigation is necessary to determine whether the anti-dumping duties are still required to protect local producers. The local producers of the products have to file an application with ITAC.

If the local industry fails to submit an application, the anti-dumping duties typically fall away at the end of the 5 year period. If the local industry submits an application and an investigation initiated, the following can occur at the end of the investigation, depending on findings:

  • anti-dumping duty is removed
  • size of duty is reduced
  • size of duty is increased

Whatever, the duty it will stay in place for another 5 years and get reviewed again. Given that anti-dumping duties are calculated for each exporter individually based on information they would have provided, participating in the process is crucial as it may result in an added advantage to the exporter and their importers, should their product have a lower duty than all other exporters from the specific country. Exporters who don’t participate in the process typically find themselves with a higher anti-dumping duty at the end of the investigation.

Products up for sunset review  

ProductCountryAnti-dumping dutySubmission deadlineDate of expiry
GarlicChina1 925 c/kg30-04-202029-10-2020
Stainless steel sinksChina, Malaysia62.41% - 95.86%30-01-202030-07-2020
WheelbarrowsChina29.82% - 39.92%04-03-202003-09-2020
Float and flat glassChina, India562c/m2 –
1 387c/m2
30-01-202030-07-2020
Frozen bone-in chicken portionsGermany,
Netherlands, UK
3.86% - 73.33%27-08-201926-02-2020
CementPakistan14.29% - 77.15%18-06-202017-12-2020

Observing procedure

Local manufacturers or producers of the products listed above, who intend on submitting a sunset review application have until 24 June 2019, before close of business, to indicate such intention in writing. If such intention is not communicated in time, there is a serious risk that the industry may lose its protection for this simple reason.

Deadlines

The most important deadlines to be observed at this stage pertain to local manufacturers of the products mentioned above. These have to submit sunset review applications within the required submission deadline. If you are unsure about your deadline contact us for assistance. If the submission deadline is missed for any reason, the sunset review application will be rejected with significant repercussions as the anti-dumping duty will be terminated upon expiry. We have seen this occur in some industries.

Importers and exporters of the subject product will only be notified of their submission deadlines once an investigation is officially initiated. Should you wish to be contacted once your respective deadline is available please let us know as soon as possible. Given that there are only a few days provided to importers and exporters to make submissions, preparing some of the basic information well in advance becomes crucial.

If you would like XA to assist you in preparing an application or if you need more information, contact us at info@xa.co.za

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