Draft anti-dumping rules gazetted

Strict submission deadlines proposed Alan Peat THE RATHER shaky ground on which SA’s anti-dumping actions have taken place over the last decade should soon be stabilised with the long-awaited legislation to underpin the investigations just released for public comment. Indeed, SA’s anti-dumping procedures by the Board on Tariffs and Trade (BoT&T) have been conducted on such an infirm legislative basis that the World Trade Organisation (WTO) has expressed its criticism, warning that this could undermine the authority of decisions made by the board. However, a notice by the BoT&T has just been published in the Government Gazette asking for comments on the draft anti-dumping regulations to be submitted no later than May 16. “It is important to note that the process to draft the anti-dumping regulations has been a long time in the making,” said Riaan de Lange, associate director of Deloitte & Touche indirect tax division. “It was initially mooted as far back as 1996 and formally initiated in 1998. “The business community has for years been advocating and lobbying for the introduction of anti-dumping regulations in order to have certainty in application. “The publication of the notice provides the ideal opportunity for the business community to provide their inputs.” The notice states that the purpose of the regulations is to ensure transparency in anti-dumping proceedings, by creating a legal environment in which all parties are aware of the procedures to be followed, De Lange added. “In addition, it also provides for strict deadlines for submitting information, which will assist the board to conclude proceedings more timeously.” However, while the draft regulations refer to time periods when comment is required from “interested parties”, they do not seem to lay down similar time limits for the board’s investigations, according to De Lange’s initial analysis. “This could well be one of the areas which should receive comments from the business community. “From a business perspective time is money, and arguably the most important consideration is the duration of the investigation.” Without any named time-spans, anti-dumping investigations could very well drag on for well over a year, De Lange added. “What we’re looking for is for the time of each investigation to fit the WTO’s demand that they take 12-months maximum to finalise - with a 6-month extra allowance for exceptional cases.”