Procedural Requirements of the South African Anti-Dumping Law and Practice Prior to Imposition of Anti-Dumping Duties: Are They Really WTO-inconsistent?

Omphemetse S. Sibanda

Foreign Trade Review, 2020, vol. 55, issue 2, 216-238

Abstract: Dumping, which is a form of price discrimination or differential pricing of different units of the same good sold at different prices in different markets, remains a continuing problem for many countries. The World Trade Organisation (WTO) members resort to the imposition of anti-dumping duties or levies to offset the effects of the dumped products on the domestic industry. This article provides a critical analysis of procedural issues in the South African anti-dumping law and practice to determine if it is compatible with the WTO’s Anti-Dumping Agreement (ADA). It particularly focusses on procedural issues prior to the imposition of anti-dumping measures by the South African International Trade Administration Commission. Some authors argue that the South African anti-dumping law and practice is incompatible with its WTO obligations in areas such as the calculation of the constructed export price, the determination of material injury and a causal relationship, the imposition of provisional and definitive anti-dumping duties and the procedure for review. The conclusion provided in this article is that the South African law and application of anti-dumping measure is largely WTO-compliant, particularly on the issues of initiation, investigation and prosecution of anti-dumping complaints. JEL Codes: F10, F13, F14, F19, K33, K41

Keywords: ADA; anti-dumping measures; international trade administration commission; international trade administration act; World Trade Organisation; procedural requirements (search for similar items in EconPapers)
Date: 2020
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Persistent link: https://EconPapers.repec.org/RePEc:sae:fortra:v:55:y:2020:i:2:p:216-238

DOI: 10.1177/0015732519894150

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