Abstract
The Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 does not specify how recent the data must be to the date of initiation of the anti-dumping investigation. In South Africa, dumping is regulated by the International Trade Administration Act 71 of 2002 and the Anti-Dumping Regulations of 2003 (ADR). The ADR states that the period of investigation for dumping must end at least six months before the date of initiation of the investigation. This issue is significant since most dumping instigations in South Africa turn on the calculation of the margin of dumping. This article explores the requirement of the ‘recency’ of the data that is used in an anti-dumping determination in South Africa. As a general rule, it is accepted that an anti-dumping investigation employs historical data, and use of that information does not in itself make the data unreliable. However, it is required that the most recent data are used when it is available rather than outdated data. In essence, the data used must be inherently time-linked to current dumping.
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