On 18 February 2022, International Trade Administration Commission of South Africa (ITAC) advised of its final determination of its Sunset Review of anti-dumping duties on fresh or chilled garlic (subject product) originating in or imported from the People’s Republic of China (China).
On 24 May 2019, ITAC notified the Southern African Customs Union (SACU) industry that the anti-dumping duties on the fresh or chilled garlic (subject product) originating in or imported from China would expire on 29 October 2020, unless a substantiated request was made by the SACU industry, indicating that the expiry of the said anti-dumping duties would likely lead to the continuation or recurrence of dumping and material injury.
On 05 June 2020, a Sunset Review application was received from the South African Garlic Growers Association (SAGGA) on behalf of the SACU industry. After all the deficiencies were addressed, an updated sunset review application was received on 18 September 2020.
The application was lodged by the SAGGA, a representative organisation for SACU subject product growers and producers, which constitutes approximately 100 percent of the SACU industry production of the subject product from 01 March 2019 to 29 February 2020. SAGGA alleged that the expiry of the anti-dumping duties on the subject product originating in or imported from China would likely lead to the continuation or recurrence of dumping and material injury to the SACU industry.
SAGGA submitted sufficient evidence and established a prima facie case to enable ITAC to arrive at a reasonable conclusion that a sunset review investigation should be initiated.
On 23 October 2020, the investigation was initiated. Subsequent to initiation of the investigation, all known interested parties were informed and requested to respond to the relevant questionnaires and the non-confidential application.
No responses to ITAC’s questionnaires from importers and Chinese producers and/or exporters of the subject product were received.
On 19 March 2021, essential facts letters were sent to the interested parties to allow comments on the Commission’s considerations prior to the final determination. The deadline for comments was 02 April 2021. There were no responses to the Essential Facts letters from importers, and producers and/or exporters of subject product from China.
The dumping margin was therefore determined based on facts available, which is the information supplied by the applicant and contained in the application.
After considering all the information at its disposal, ITAC made a final determination that the expiry of the anti-dumping duties on the subject product originating in or imported from China would likely lead to the continuation or recurrence of dumping and material injury to the SACU industry.
ITAC therefore made a final determination to recommend to the Minister of Trade, Industry and Competition that the anti-dumping duties on subject product originating in or imported from China be maintained at 1925c per kilogram under the following tariff subheading:
- 0703.20 Garlic, fresh or chilled
- 0712.90.90 Dried garlic, in the form of bulbs or cloves
The Minister approved the ITAC’s recommendation.
ITAC’s detailed reasons for its decision are set out in its Report No. 663