High Court makes judgement in antidumping case In April last year the North Gauteng High Court heard the case between the International Trade Administration Commission of South Africa (Itac) as the first applicant; the South African Revenue Service (Sars) as the second applicant; the Minister of Trade and Industry as the third applicant; and the Minister of Finance as the fourth applicant; and Aranda Textile Mills and 74 others as the respondents. The application arose from the decision by the Supreme Court of Appeal (SCA) in the case of Progress Office Machines v The South African Revenue Service and Others, where judgement was passed on September 25, 2007. At the time, judgement in this case was reserved On 16 May 2012 Itac issued a press release relating to the High Court judgement passed on 10 May 2012, which found in favour of the applicants. According to the judgement, the High Court declared Schedule 2 to the Customs and Excise Act (Act) invalid with respect to a number of affected products and dates. The affected products in question are: (i) acetampinophenol from the People’s Republic of China (China), France and the United States of America (USA) – the anti-dumping duties lapsed on 09 April 2004; (ii) acrylic blankets from China and Turkey – antidumping duties lapsed on 18 December 2003; (iii) carbon black from Thailand – antidumping duties lapsed on 14 April 2005; (iv) chicken meat portions from the USA - the anti-dumping duties lapsed on 05 July 2005; (v) door locks and door handles from China – the anti-dumping duties lapsed on 31 August 2006; (vi) flat glass from China and India – the anti-dumping duties lapsed on 27 November 2003; (vii) float glass from China and India – the antidumping duties lapsed on 27 November 2003; (viii) garlic from China – the antidumping duties lapsed on 24 March 2005; (ix) lysine from the USA – the anti-dumping duties lapsed on 30 July 2006; (x) bolts and nuts of iron or steel from China – the antidumping duties lapsed on February 05, 2004; (xi) nuts of iron or steel from Chinese Taipei – the anti-dumping duties lapsed on 05 February 2004; and (xii) paper Insulated Lead Covered Electrical Cable from India – the anti-dumping duties lapsed on 07 May 2004. The Judge suspended the order of invalidity both retrospectively to the relevant dates before the anti-dumping duties on the affected products became invalid and prospectively, for a period of three years. As a consequence the antidumping duties will remain in place and Itac will thus be able to review all those antidumping duties that have not been subject to review since the decision by the SCA. It is evident that the Judge, in his decision, took into account the fact that the domestic industries could be detrimentally affected should the anti-dumping duties have been withdrawn Tariff Corrections On 25 May 2012 Sars published a correction notice in respect of Schedule No.5 to the Act, amending the drawback codes and check digits in Drawback Items 540.01/195.10/01.00 and 537.02/87.00. Duty Calls’ Watch List The proposed increase in the rate of customs duty on textile fabric inter-layered or otherwise combined with bentonite clay due by 01 June 2012. The proposed rebate of the full rate of customs duty on leather for use in the manufacture of safety footwear due by 01 June 2012.
