International Trade Administration Commission v SCAW South Africa (Pty) Ltd

Anti-dumping duties of 42.1% were imposed in 2002 on stranded wire, ropes and cables of iron or steel imported from Bridon International Limited (UK) following an investigation by the Board on Tariffs and Trade. In 2007, at SCAW’s request, the International Trade Administration Commission (ITAC) initiated a sunset review shortly before the expiry of the duties. After investigation, ITAC concluded that the removal of the duties would not likely lead to continued or recurrent dumping by Bridon UK and decided on 14 October 2008 to recommend termination of the duties. Before ITAC could forward its recommendation to the Minister, SCAW launched an urgent application in the North Gauteng High Court and obtained an interim interdict restraining ITAC and the Ministers from taking steps to terminate the duties, pending a review application to set aside ITAC’s recommendation. ITAC was refused leave to appeal by both the High Court and the Supreme Court of Appeal and approached the Constitutional Court.

Leave to appeal was granted; the appeal was upheld; the interim interdict granted by the High Court was set aside. Bridon International Limited was granted leave to intervene. Costs orders included wasted costs related to ITAC’s withdrawn amendment application.

The case is a leading authority on judicial restraint in interim interdicts affecting administrative and executive decision-making in international trade matters. It affirms the limited circumstances in which courts may interdict ongoing statutory processes, particularly sunset reviews of anti-dumping duties, and aligns South African administrative law with WTO obligations requiring time-bound and expeditious reviews.