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Customs

Frozen Chicken Safeguard - Decision Pending

Publish Date: 
01 Nov 2016

On 28 October, the International Trade Administration Commission of South Africa announced that it had made its recommendation to the finance minister, in terms of Article 16 of the Trade, Development and Co-operation Agreement (TDCA), on the application for safeguard measures on frozen bone-in portions of fowl of species Gallus Domesticus (chicken). The minister will now decide whether there is justification to raise the matter in the Cooperation Council.

Note that Article 16 of the TDCA is no more, having been replaced by the Economic Partnership Agreement.

The Economic Development Minister directed Itac to investigate and evaluate an application by the South African Poultry Association (SAPA) for the imposition of safeguard measures in terms of Article 16 of the TDCA between the European Union (EU) member states and South Africa. The application was lodged by SAPA on behalf of the South African Customs Union (SACU) industry alleging that the imports of bone-in chicken portions from the EU are causing a serious disturbance in the SACU market. Itac decided to initiate an investigation based on the allegation that the increased imports from the EU are causing a threat of serious disturbance to the SACU industry. The investigation was published in the Government Gazette on 19 February 2016 for comment.

Comments were received from numerous interested parties, including Shoprite Checkers, Merlog Foods, Association of Meat Importers and Exporters (AMIE), Barbeque Rib Manufacturer’s (BRM), the European Commission and the Association of Poultry Processors and Poultry Trade in the EU (AVEC).

Itac also provided the opportunity for oral presentations by Merlog Foods, AMIE, BRM, AVEC, the EU Commission and the Applicant. Itac issued two essential facts letters to allow interested parties to submit comments on the essential facts under consideration before it made a final determination in the matter.

It considered all the information submitted and comments made by all the interested parties. Non-confidential versions of all information and comments submitted are available on the public file. This notice serves to inform all interested parties that Itac has completed its investigation and has forwarded its recommendation to the Trade and Industry Minister for his consideration. The Trade and Industry Minister will now decide whether there is justification to raise the matter in the Cooperation Council.

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