The procedural aspects of South Africa's Anti-dumping legislation and its compatibility with the World Trade Organisation Anti-dumping Agreement

Abstract

Trade remedies are actions taken by states to safeguard their domestic industries. The anti-dumping agreement is a documented consensus between WTO member states that provides anti-dumping rules and procedures for investigations of dumping cases. South Africa is one of the signatories to the WTO which makes the country bound by the agreement even if it not been promulgated into it national laws. The country has been the major user of the anti-dumping laws since 1914 and has amended its anti-dumping legislation overtime. However, its anti-dumping procedural aspects have been challenged in WTO trade dispute consultations by few states. The complainants argued that South Africa incorrectly applied its laws and that some provisions in its anti-dumping provisions were incompatible with the World Trade Organisation guidelines. To date, anti-dumping procedure in South Africa is regulated by the International Trade and Administration Act 71 of 2002 which is said to be read in conjunction with the Anti-dumping regulations of 2003.