In 2002, anti-dumping duties of 42.1% were imposed on certain steel wire products imported from Bridon International Limited (UK) following a recommendation by the Board on Tariffs and Trade, protecting domestic manufacturers like SCAW South Africa (Pty) Ltd. These duties were originally scheduled to expire after five years (in August 2007). On 19 February 2007, SCAW applied for a sunset review. ITAC initiated the sunset review on 17 August 2007. In August 2006, ITAC had conducted a "changed circumstances" review at Bridon UK's request, but found in favour of maintaining the duties. During the sunset review investigation, ITAC found that steel fishing ropes produced by Bridon UK stored in bonded warehouses in South Africa did not enter the market for "home consumption" and were sold to foreign vessels. ITAC concluded that these should be excluded from the dumping inquiry under section 55(3) of the Customs and Excise Act. Restricting the review to crane ropes only, ITAC determined that lifting the anti-dumping duties would not result in further dumping by Bridon UK. On 14 October 2008, ITAC decided to recommend terminating the existing anti-dumping duty. On 20 October 2008, SCAW launched an urgent application in the North Gauteng High Court seeking to interdict ITAC from forwarding its recommendation to the Minister, and to prevent the Ministers from acting on it. The High Court granted the interim interdict on 5 January 2009, finding ITAC had misdirected itself by excluding fishing ropes from the dumping margin determination. ITAC sought leave to appeal, which was refused by both the High Court and the Supreme Court of Appeal, leading to this application to the Constitutional Court.