Circumvention of Anti-Dumping Measures: Law and Practice of South Africa

As a member of the World Trade Organization (WTO), South Africa has honoured its international trade obligations through the enactment of domestic legislation which govern the requirements and procedures for the setting or changing of anti-dumping duties. In line with other WTO members introducing measures to curtail the circumvention of dumping activities by other WTO -members, South Africa adopted anti-circumvention measures in 1994. A guide introduced amongst others measures to counter those events where an exporter would absorb an anti-dumping duty; or if a related party supply the goods in the same or some other country; or where goods are exported as parts or components to be assembled in the South African Customs Union. Some of these anti-circumvention measures have on occasion been relied on and applied by the International Trade Administration Commission (ITAC) in South Africa as discussed hereunder.