International Trade Administration Act, 2002 (Act No. 71 of 2002)Chapter 4 : Investigation, evaluation and adjudication proceduresPart C – Customs duty applications32. Consideration of alleged dumping and subsidised exports |
| (1) | Despite section 1, in this section— |
| (a) | 'export' means to bring or send goods, or to cause them to be brought or sent, into the Common Customs Area from a country or territory outside the Common Customs Area; and |
| (b) | 'exporter' means any person who brings or sends goods, or causes them to be brought or sent, into the Common Customs Area from a country or territory outside the Common Customs Area. |
| (2) | For the purpose of considering an application alleging the dumping or subsidised export of goods into the Common Customs Area— |
| (a) | 'export price', subject to subsections (3) and (5), means the price actually paid or payable for goods sold for export, net of all taxes, discounts and rebates actually granted and directly related to that sale; |
| (b) | 'normal value', in respect of any goods, means— |
| (i) | the comparable price paid or payable in the ordinary course of trade for like goods intended for consumption in the exporting country or country of origin; or |
| (ii) | in the absence of information on a price contemplated in subparagraph (i), either— |
| (aa) | the constructed cost of production of the goods in the country of origin when destined for domestic consumption, plus a reasonable addition for selling, general and administrative costs and for profit; or |
| (bb) | the highest comparable price of the like product when exported to an appropriate third or surrogate country, as long as that price is representative; |
| (c) | 'subsidised export' means goods exported into the Common Customs Area, in respect of which the government of, or a public body within, any country— |
| (i) | has provided— |
| (aa) | any form of financial aid; |
| (bb) | any form of assistance with its production, manufacture, transportation or export; or |
| (cc) | any similar assistance; or |
| (ii) | has foregone any revenue that would otherwise be due to that government or public body; and |
| (d) | 'public body' includes a person or body that acts on behalf of the government of, or another public body within, a country. |
| (3) | The Commission must, in determining the margin of dumping of goods, make reasonable allowance for differences in conditions and terms of sale, differences in taxation and other differences affecting price comparability. |
| (4) | If the Commission, when evaluating an application concerning dumping, concludes that the normal value of the goods in question is, as a result of government intervention in the exporting country or country of origin, not determined according to free market principles, the Commission may apply to those goods a normal value of the goods, established in respect of a third or surrogate country. |
| (5) | The Commission must, despite the definition of 'export price' set out in subsection (2), when evaluating an application concerning dumping that meets the criteria set out in subsection (6), determine the export price for the goods in question on the basis of the price at which the imported goods are first resold to an independent buyer, if applicable, or on any reasonable basis. |
| (6) | Subsection (5) applies to any investigation of dumping if, in respect of the goods concerned— |
| (a) | there is no export price as contemplated in the definition of dumping; |
| (b) | there appears to be an association or compensatory arrangement in respect of the export price between the exporter or foreign manufacturer concerned and the importer or the third party concerned; or |
| (c) | the export price actually paid or payable is unreliable for any other reason. |