South Africa: Trade Commission struggles to find feet as it loses court battle
2009-05-29 Le Roux, M; www.allafrica.com
Resources > By Topic > GOODS > Anti-dumping
The International Trade Administration Commission (Itac) which is a key state institution tasked with ensuring fair trade between SA and its international trading partners has suffered another blow in court, losing an appeal against it by Scaw Metals, which challenged a decision to have antidumping duties terminated on fishing and mining rope.
The relief was sought by Scaw Metals, which manufactures rope in SA and which originally brought the dumping complaint against UK-based Bridon International, which exports fishing and mining rope to SA.
Judge Eberhard Bertelsmann last week again found against the trade body, and dismissed its actions in the case as "irrational and unreasonable" and "a misdirection". In his finding, Bertelsmann said Scaw, like all other producers in the Southern African Customs Union, was entitled to administrative action that was "fair, reasonable, rational and procedurally fair".
This ruling follows after Itac opted to appeal an interdict which had already been granted against Itac by the North Gauteng High Court in Pretoria, preventing the commission from forwarding a recommendation to the trade and industry minister to terminate the antidumping duties.
Itac has lost at least six cases in the past 18 months, with several more pending against it, and the interdict is the latest in a string of court challenges over what trade lawyers say were poor trade remedy decisions.
Published in: Resources > By Topic > GOODS > Anti-dumping