International Trade Administration Commission v South African Tyre Manufacturers Conference (Pty) Ltd and Others

The South African Tyre Manufacturers Conference and four local tyre manufacturers applied to the International Trade Administration Commission (ITAC) for the imposition of anti-dumping duties on certain pneumatic tyres imported from the People’s Republic of China, alleging dumping. They relied on surrogate country pricing, asserting that Chinese domestic prices were distorted by government intervention. ITAC conducted an extensive investigation and concluded that the cooperating Chinese exporters were not dumping, as their domestic prices were determined in the ordinary course of trade according to market principles. Although material injury to the local industry was found, ITAC determined that causation was not established and recommended termination of the investigation. The Minister of Trade and Industry accepted the recommendation. The manufacturers successfully reviewed the decision in the North Gauteng High Court, which held that ITAC had failed to investigate China’s market economy status. ITAC and the Minister appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The High Court’s order was set aside and replaced with an order dismissing the review application with costs.

The case clarifies the proper interpretation of s 32 of the International Trade Administration Act and confirms ITAC’s discretion in determining normal value in anti-dumping investigations. It rejects an obligation to assess the general market economy status of an exporting country and limits the role of international trade instruments not incorporated into South African law. The judgment reinforces principles of administrative deference in complex trade remedy investigations.