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USDA International Egg and Poultry


14 March 2012

International Egg and Poultry Review: South Africa Sets Anti-Dumping DutiesInternational Egg and Poultry Review: South Africa Sets Anti-Dumping Duties

On January 30, 2012, the International Trade Administration Commission (ITAC) of South Africa released a report with a preliminary determination that dumping of Brazilian whole birds and boneless cuts was taking place.
USDA International Egg and Poultry

The Commission made a determination that the SACU* industry was suffering material injury and that the material injury was causally linked to the dumped imports from Brazil and requested the Commissioner for South African Revenue Service (SARS) to impose provisional payments.

The Southern African Poultry Association (SAPA) lodged the complaint on behalf of the SACU industry in 2011, saying products under the tariff sub-headings 0207.12.90 (frozen whole broilers) and 0207.14.10 (boneless cuts) were being exported to SACU at prices less than their normal value in their country of origin, causing material injury to the SACU industry. The ITAC initiated the investigation in June, 2011. The investigation period for dumping was from January 1, 2010 to December 31, 2010; the injury investigation involved evaluation of data for the period January 1, 2008 to December 31, 2010.

Of the exporter/foreign producers who responded to the investigation, only Coperativa Central Oeste Catarinense – Aurora Alimentos’s (Aurora) response was considered acceptable and they were given a lower anti-dumping duty. The dumping margin on boneless cuts for Aurora was found to be 6.53% when expressed as a percentage of the ex-factory export price.

ITAC was not satisfied with the information supplied by the other companies and they were considered non-cooperating parties. For purposes of the normal value, the Commission used the weighted average domestic sales of both whole bird and boneless cuts made by Brasil Foods during the period of investigation. Based on this information, the residual margin of dumping was determined to be 62.93% for the whole bird and 46.59% for boneless cuts. The anti-dumping duties will be charged for six months. South Africa was the seventh largest market for Brazilian broiler exports in 2011 with shipments of 195,416 metric tons.

The Brazilian chicken industry responded by saying it would request the Brazilian Government initiate a case to the World Trade Organization arguing that the South African government’s decision does not comply with WTO rules on anti-dumping. One complaint is that when comparing prices, South Africa did not take into account the taxes (16.5%) on domestic product; exported product is not taxed.

According to the WTO Article 2, Determination of Dumping, “a product is to be considered as being dumped, i.e. introduced into the commerce of another country at less than its normal value, if the export price of the product exported from one country to another is less than the comparable price, in the ordinary course of trade, for the like product when destined for consumption in the exporting country.

Due allowance shall be made in each case, on its merits, for differences which affect price comparability, including differences in conditions and terms of sale, taxation, levels of trade, quantities, physical characteristics, and any other differences which are also demonstrated to affect price comparability.”

*SACU – South African Customs Union, consisting of Botswana, Lesotho, Namibia, South Africa and Swaziland.

An anti-dumping duty against the United States for poultry products in tariff number 0207.14.90 (bone in cuts, include the chicken leg quarters) was instituted in 2000 for 5 years, reducing total U.S. poultry meat exports from 24.7 thousand tons in 1999 to only 374 tons in 2004. Anti-dumping tariffs, ranging from R2.24/kg to R6.96/kg are currently imposed in addition to an import duty of R2.20/kg, effectively pricing U.S. chicken pieces out of the local market. U.S. poultry exporters applied to have the anti-dumping ruling reviewed in 2005, but the South African Poultry Industry opposed the application and the anti-dumping duty was extended to 2011.

Source: http://www.itac.org.za/documents/Report%20No.%20389.PDF; USDA FAS GAIN Reports 9/22/2011 and BR0801 2/1/2012; WTO; news wires

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