International Trade Administration Commission and Others v Association of Meat Importers and Exporters and Others

Anti-dumping duties were imposed on bone-in chicken portions imported from Germany, the Netherlands and the United Kingdom following an investigation by the International Trade Administration Commission (ITAC) initiated at the request of the South African Poultry Association (SAPA). As the original five-year period was nearing expiry, SAPA applied for a sunset review. ITAC initiated the sunset review in February 2020, conducted an investigation, and ultimately recommended that the duties largely be maintained. The Minister of Trade, Industry and Competition accepted ITAC’s recommendation and requested the Minister of Finance to amend Schedule 2 to the Customs and Excise Act. The Deputy Minister of Finance published the amended duties. The Association of Meat Importers and Exporters (AMIE) challenged ITAC’s initiation of the sunset review, its final determination, and the subsequent ministerial decisions. The High Court set aside the Minister of Finance’s decision but left ITAC’s recommendation and the Minister of Trade’s decision intact. ITAC, the Minister of Trade, and SAPA appealed to the Supreme Court of Appeal, while AMIE cross-appealed.

All three appeals were upheld with costs; the cross-appeal was dismissed. The High Court’s order was set aside and replaced with an order dismissing AMIE’s application in its entirety, with costs.

The judgment clarifies the legal framework governing sunset reviews of anti-dumping duties in South Africa, particularly distinguishing them from original investigations. It affirms ITAC’s discretion in initiating sunset reviews, confirms that pre-initiation verification is not required, reinforces strict compliance with PAJA’s 180-day rule, and upholds the authority of the Minister of Trade and the Minister (or Deputy Minister) of Finance in implementing anti-dumping measures. The case aligns South African anti-dumping law with WTO principles.