A sunset review of the anti-dumping duties on frozen bone-in chicken imports from the United States is underway.

The trade, industry and competition department announced the initiation of the review in Government Gazette 47480.

The anti-dumping duties are set to expire on 23 November 2022.

The South African Poultry Association applied to the International Trade Administration Commission (ITAC) that the expiry of the duties would likely lead to the continuation or recurrence of dumping and material injury to the Southern African Customs Union industry.

According to ITAC, the applicant “submitted sufficient evidence and established a prima facie case to enable the Commission to arrive at a reasonable conclusion that a sunset review investigation of the anti-dumping duties on frozen bone-in portions originating in or imported from the USA, should be initiated”.

The applicant alleged that sales of bone-in portions in the USA are “not in the ordinary course of trade as bone-in portions are sold below cost”.

The applicant alleges and submitted sufficient evidence to “show that it would experience an increase in imports, price depression, and price suppression, and a decline in output, productivity, capital expenditure, capacity utilization, investment, cash flow, and growth if the duties expires”.

Consequently, ITAC found that there was prima facie proof of the continuation or recurrence of material injury if the duty expires.

The investigation on dumping will focus on the period from 1 January 2021 to 31 December 2021 and the injury investigation will focus on 1 January 2019 to 31 December 2021.

Meanwhile, in a statement, the B-BBEE Commission confirmed that the 2022 Preferential Procurement Regulations “have not removed the obligation for organs of state and public entities to implement the B-BBEE Act (53 of 2003 as amended by Act 46 of 2013) and its requirements concerning preferential procurement”.

The Commission added that, in implementing preferential procurement, an “organ of state or public entity will have to comply with both the requirements of the 2022 PPPFA Regulations and the B-BBEE Act, which means that B-BBEE criteria will still be part of the 20 and 10 points under the 80/20 and 90/10 procurement system which currently empowers organs of state and public entities to set a goal, which in this regard includes promoting access by black people and black enterprises to procurement opportunities in organs of state and public entities”.

Source: Sabinet