Association of Meat Importers and Exporters and Others v International Trade Administration Commission and Others (769, 770, 771/12)
Association of Meat Importers and Exporters and Others v International Trade Administration Commission and Others (769, 770, 771/12) [2013] ZASCA 108; [2013] 4 All SA 253 (SCA); 2014 (4) BCLR 439 (SCA); 76 SATC 9 (13 September 2013)
The Supreme Court of Appeal held that the anti-dumping duties reflected in the notice of motion were extant at the time the sunset reviews were initiated in each case. The High Court's orders declaring Schedule 2 to the Customs and Excise Act invalid were incompetent, as the absence of a law is not equivalent to invalidity. Regulation 53.2 of the anti-dumping regulations provided that duties remain in force pending the outcome of a sunset review initiated before expiry. The initiation of sunset reviews, even if based on a mistaken calculation of the five-year period, did not invalidate the re…
Source excerpt
- Anti Dumping Duties
- Customs And Excise Act
- Wto Agreement
- Sunset Review
- Judicial Review
- Principle Of Legality