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The International Trade Administration Commission of South Africa (the Commission or ITAC) self-initiated an investigation into the dumping of frozen potato chips originating in or imported from Belgium, Germany, and the Netherlands through Notice Number 674 of 2021 published in the Government Gazette on 19 November 2021.
The investigation was self-initiated by the Commission as per Regulation 3 of the Anti-Dumping Regulations. The information at the Commission’s disposal indicated that the subject product originating in or imported from Belgium, Germany and the Netherlands was being dumped into the SACU market, causing material injury to the SACU industry. The basis of the alleged dumping is that; goods are being imported into SACU at prices less than the normal value of the same goods in their country of origin.
After considering all information at its disposal in its meeting of 14 June 2022, the Commission made a preliminary determination that the subject product originating in or imported from Belgium, Germany, and the Netherlands is being dumped into the SACU market, causing material injury to the SACU industry. The Commission further requested the Commissioner of the South African Revenue Service (“SARS”) to impose provisional payments for a period of six months to protect the SACU industry, while the investigation continued. Provisional measures were imposed on the subject product originating in or imported from Belgium, Germany, and the Netherlands through Notice R.2285 published in Government Gazette No.47015 with effect from 15 July 2022 up to and including 14 January 2023.
The Commission’s reasons for its preliminary determination are contained in Preliminary Report No.696.
After considering all written comments and oral presentations, the Commission made a final before essential facts determination that the subject product originating in or imported from Belgium, Germany, and the Netherlands was being dumped into the SACU market, thus causing material injury to the SACU industry. The Commission further decided to send out “essential facts letters” to interested parties informing them of the essential facts under consideration.
After considering the information submitted by the interested parties, all relevant written comments were received and oral submissions made, the Commission arrived at a final determination that, the subject product originating in or imported from Belgium, Germany, and the Netherlands was being dumped into the SACU market, causing material injury to the SACU industry.
The Commission therefore decided to recommend to the Minister of Trade, Industry and Competition that the following final anti-dumping duties on the subject product originating in or imported from Belgium, Germany, and the Netherlands be imposed:
The Minister approved the Commission’s recommendation. Notice of the implementation of the final anti-dumping duties, was published by SARS on 17 May 2023.
Please click on the link below for full details of Report No. 706.
Report No. 706
ISSUED BY THE INTERNATIONAL TRADE ADMINISTRATION COMMISSION OF SOUTH AFRICA
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