On 18 January 2024, the International Trade Administration Commission of South Africa (ITAC) informed of the conclusion of an investigation into the alleged dumping of windscreens for vehicles, classifiable under tariff subheading 7007.21.20, originating in or imported from the People’s Republic of China (China) to be used in the Southern African Customs Union (SACU) market as replacement glass in the aftermarket
On 22 July 2022, ITAC initiated an investigation into the alleged dumping of windscreens for vehicles originating in or imported from China to be used in the SACU market as replacement glass in the aftermarket. Notice of initiation of the investigation was published in the Government Gazette.
The investigation was initiated after ITAC considered that there was prima facie evidence to show that the subject product was being imported at dumped prices, causing material injury to the SACU industry.
On initiation of the investigation, the known producers and exporters of the subject product in the subject country were sent foreign manufacturers/exporters questionnaires to complete. The diplomatic representative of China was also sent questionnaires to inform unknown producers. Importers of the windscreens were also sent questionnaires to complete.
After considering all interested parties’ comments and taking the exporters’ and importers’ information into account, ITAC made a preliminary determination that the subject product, originating in or imported from the subject country, was being dumped on the SACU market, causing material injury and threat of material injury to the SACU industry.
ITAC therefore decided to request the Commissioner for South African Revenue Service (SARS) to impose provisional payments for a period of 6 months, ending 09 August 2023, on imports of windscreens.
ITAC’s preliminary determination was published through a notice in the Government Gazette dated 10 February 2023, with details of the findings contained in ITAC’s Report No.707. Interested parties were invited and made submissions on ITAC’s preliminary determination prior to the deadline of 24 February 2023.
After considering comments from interested parties, ITAC issued essential facts letters that it was considering making a final determination that windscreens originating in or imported from China was being dumped into the SACU market, thereby causing material injury to the SACU industry.
After considering comments to the essential facts letters, ITAC made a final determination that windscreens originating in or imported from China was being dumped into the SACU market, causing material injury to the SACU industry.
ITAC, therefore, made a recommendation to the Minister of Trade, Industry and Competition (Minister) to impose definitive anti-dumping duties on the subject product originating in or imported from China.
The Minister has approved the ITAC’s recommendation and has requested the Minister of Finance, in terms of Section 56 of the Customs and Excise Act, 1964, to amend Schedule No.2 (Trade Remedies) to the Act, 1964 in order to give effect to the recommendation. The five (5) year period that the anti-dumping duties may stay in place before the duties lapse, if a Sunset Review is not initiated, will be counted from the publication date of the notice in the Government Gazette by SARS.
The Government Gazette notice resulted in the insertion of:
Dumping Item 213.03/7007.21.20/01.08 “Windscreens for vehicles, exported or manufactured by Dongguan Kong Wan Automobile Glass Limited”, the anti-dumping duty rate of 28.39%.
Dumping Item 213.03/7007.21.20/02.08 “Windscreens for vehicles, exported or manufactured by Xinyi Automobile Glass (Shenzhen) Co., Ltd”, the anti-dumping duty rate of 12.92%.
Dumping Item 213.03/7007.21.20/03.08 “Windscreens for vehicles, exported or manufactured by Dongguan Benson Automobile Glass Co., Ltd”, the anti-dumping duty rate of 12.92%.
Dumping Item 213.03/7007.21.20/04.08 “Windscreens for vehicles, (excluding those exported or manufactured by Dongguan Kong Wan Automobile Glass Limited, BSG Auto Glass Co., Ltd, Fuyao Glass Industry Group Co., Ltd, Xinyi Automobile Glass (Shenzhen) Co., Ltd, Dongguan Benson Automobile Glass Co., Ltd)”, the anti-dumping duty rate of 129.15%.