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On May 30, 2025, the International Trade Administration Commission of South Africa (ITAC) – the authority responsible for trade remedy investigations in South Africa – issued its preliminary determination in the anti-circumvention investigation regarding anti-dumping duties imposed on automotive, bus, and truck tyres imported from Vietnam.
1. General Information on the Case
- Initiation date: September 20, 2024, upon the request of the South African Tyre Manufacturers Conference (SATMC).
- Product under investigation: Tyres for cars, buses, and trucks, with HS codes 4011.10.01, 4011.10.03, 4011.10.05, 4011.10.07, 4011.10.09, 4011.20.16, 4011.20.18, and 4011.20.26.
- Period of dumping investigation: November 1, 2022 to May 31, 2024.
- Period of circumvention investigation: August 1, 2022 to July 31, 2024.
- Involved companies: Six Vietnamese companies submitted responses to the initial questionnaire. After ITAC requested additional information, only three companies responded. Among them, two fully cooperating companies underwent on-site verification by ITAC in February 2025.
- Affected domestic industry: Tyre manufacturing industry within the Southern African Customs Union (SACU), comprising South Africa, Botswana, Lesotho, Eswatini (formerly Swaziland), and Namibia.
2. ITAC’s Preliminary Determination
- ITAC found a shift in trade patterns between China, Vietnam, and SACU. Imports from China significantly declined during the fiscal years 2021/22 to 2023/24, while imports from Vietnam increased sharply over the same period.
- During the circumvention investigation period (August 1, 2023 – July 31, 2024), Vietnam accounted for approximately 6% of total tyre imports into SACU, ranking second after Thailand (13.89%). The surge in imports from Vietnam was deemed to have undermined the effectiveness of anti-dumping duties imposed on China.
- ITAC determined a dumping margin of 78.90% for Vietnam.
- Based on the findings, ITAC preliminarily concluded that anti-dumping duties on Chinese-origin tyres were being circumvented via Vietnam.
For cooperating companies:
- Two out of three were found not to have engaged in circumvention, as they had not participated in the SACU market during the original investigation involving China.
- The remaining company was found to have engaged in circumvention and is subject to a provisional duty of 8.78%.
For non-cooperating or insufficiently cooperating companies:
- A country-wide duty equivalent to the original rate imposed on China applies, i.e., 41.47%.
ITAC has imposed provisional anti-circumvention duties on the investigated Vietnamese-origin products for a six-month period, pending the final determination.
3. Next Steps
- Interested parties may submit written comments to ITAC within 14 days from the date of publication of the preliminary determination.
- However, companies that failed to respond on time or did not cooperate during the earlier phase of the investigation must provide clear and convincing justifications for ITAC to consider their submissions.
- ITAC is expected to issue its final determination in September 2025, before presenting it to the Minister of Trade, Industry and Competition of South Africa for a final decision on the imposition of definitive measures.
To protect their legitimate interests, manufacturers and exporters should familiarize themselves with the procedure and actively contact Vietnamese law firms specializing in anti-dumping and trade remedy for timely assistance.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is the top-tier Vietnam law firm for Anti-dumping & countervailing. If you need any advice, please contact us for further information or collaboration.
