Investigation into the alleged dumping of tyres originating in or imported from china

09 Mar 2023

The International Trade Administration Commission of South Africa (ITAC), gazetted a notice of the initiation of an investigation into the alleged dumping of new pneumatic tyres of rubber of a kind used in motor cars and on buses and lorries, on 31 January 2022 originating in or imported from the People’s Republic of China. The application was lodged by the South African Tyres Manufacturers Conference (SATMC), representing its members, Bridgestone, Continental, Goodyear and Sumitomo. These firms constitute 100% of domestic production of the subject product in Southern African Customs Union (SACU). 

The investigation was initiated after the Commission considered that there was prima facie evidence that the subject products were being imported into the (SACU) at dumped prices, causing material injury and threatening to cause material injury to the SACU industry. Following consideration of the responses and comments received from interested parties, the Commission made a preliminary determination, informed by Section 33.2 of South Africa’s Anti-Dumping Regulations. This provision empowers the Commission to request the Commissioner of SARS to impose provisional duties, to prevent further injury to the Southern African Customs Union (SACU). The Commission requested the Commissioner of SARS to impose provisional payments for a period of six months, protecting the domestic industry, while an investigation was being finalised. SARS imposed the provisional duties in line with Section 57 of the Customs and Excise Act. 

The provisional measures were imposed from 09 September 2022 until 08 March 2023. The provisional measures will therefore expire on 08 March 2023, and importers of the subject products may apply to SARS for a refund of any duties paid, as the investigation has not yet been finalised. The investigation is still on-going. 

Once the investigation has been finalised, the Commission after considering the proposed final determination, will make a recommendation to the Minister of Trade, Industry and Competition, who may either accept, reject or refer the Commission’s recommendation back for further investigation. The investigation is currently at an advanced stage, and is expected to be completed by ITAC before 29 July 2023.