On 01 August 2022, the International Trade Administration Commission of South Africa (ITAC) announced the conclusion of the investigation into alleged dumping of frozen bone-in portions of fowls of the species gallus domesticus originating in or imported from Brazil, Denmark, Ireland, Poland and Spain, which was initiated on 05 February 2021.
After considering comments to the essential facts letters, ITAC made a final determination that the subject product originating in or imported from the subject countries was being dumped into the Southern African Customs Union (SACU) market, causing material injury to the SACU industry.
ITAC therefore made a recommendation to the Minister of Trade, Industry and Competition to impose definitive anti-dumping duties on the subject product originating in or imported from Brazil, Denmark, Ireland, Poland and Spain.
The minister approved ITAC’s recommendation. However, in making its decision, the minister considered the current rapid rise in food prices in the SACU market and globally and the significant impact this has, especially on the poor, as well as the impact that the imposition of the anti-dumping duties may have on the price of chicken as one of the more affordable protein sources.
The minister, therefore, decided to suspend the imposition of the anti-dumping duties for a period of twelve (12) months or a shorter period of time depending on the prevailing circumstances at the time. Should circumstances in 12 months’ time warrant the extension of the implementation date, the minister will undertake timeous consultations with affected parties before doing so.
The five-year period that the anti-dumping duties may stay in place before the duties lapsed if a Sunset Review is not initiated, will be counted from the publication date of the notice of 01 August 2022.