The Compatibility of South African Anti-Dumping Laws with WTO Disciplines

Abstract

This article evaluates the compatibility of South African laws on anti-dumping with the WTO disciplines set forth in the Anti-Dumping Agreement. It analyses the provisions of the International Trade Administration Act 2002 and the Anti-Dumping Regulations 2005 to examine whether South Africa has been adhering to its WTO obligations. The South African law on this subject is largely incompatible with its WTO counterpart in matters of, inter alia, 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. This has in turn resulted in strained relationships between South Africa and the other members of the international community in regard to the procedures adopted during anti-dumping investigations.