Photo: Glenneis Kriel
The case began when the Association of Meat Importers & Exporters (AMIE) challenged the five-year renewal of the antidumping duties in 2020. The Gauteng High Court ruled in AMIE’s favour in 2023, finding the review process by the International Trade Administration Commission (ITAC) and government ministers unlawful. The duties remained in place pending appeal.
The Supreme Court of Appeal has now reversed that decision, confirming that ITAC acted lawfully in initiating a “sunset review” and that sufficient evidence existed showing that removing the duties could lead to continued dumping and harm local producers.
The court also noted that AMIE provided no acceptable explanation for taking 28 months to lodge a legal challenge to ITAC’s sunset review, instead of the prescribed 180 days. AMIE has been ordered to pay the full legal costs, marking a clear win for the local poultry industry.
Industry response
Izaak Breitenbach, general manager of the South African Poultry Association’s Broiler Organisation, welcomed the ruling, saying it provided much-needed certainty for local producers and reinforced the importance of protecting the industry from unfairly priced imports.
AMIE is also contesting the renewal of antidumping duties on chicken imports from the US, in place since 2000, as well as new duties imposed on Brazil and four EU member countries.
“It is uncertain whether the Supreme Court of Appeal judgment will affect these cases. We hope so, but remember that AMIE can still appeal the verdict in the Supreme Court of Appeal,” Breitenbach added.
The future of antidumping tariffs
Antidumping duties against Germany, the Netherlands, and the UK are set to expire in 2026, and the industry is already applying for a renewal.
Breitenbach said the chances of renewal are high if the industry can show that specific cuts are sold below their market value in the country of origin and that this harms South African production, for example, if imports undercut jobs or threaten the viability of local producers.
He clarified that antidumping duties apply only to specific cuts. For instance, mechanically deboned meat (MDM), which does not threaten local production, might be imported tariff-free, whereas bone-in chicken could face a tariff.
“One way that dumping could take place, which we have seen, is if the price of MDM is artificially inflated to subsidise and lower the price of bone-in chicken,” Breitenbach explained.
Trade concerns
South Africa currently has antidumping duties in place against nine countries. Breitenbach said Argentina is a concern, but import volumes have not yet been high enough to justify duties.
He also expressed concern about trade with the US, noting that the African Growth and Opportunity Act (AGOA), which allowed a US tariff-free poultry import quota of 72 0000, expired in September. However, the US continues to enjoy this tariff-free access, with no advantage for South Africa.
“We have raised our concerns about this in several letters to the Minister of Trade, Industry and Competition [Parks Tau], but no action has been taken yet,” Breitenbach added.
Another concern is that South Africa has allowed the US to self-regulate highly pathogenic avian influenza (HPAI) instead of being monitored by the World Organisation for Animal Health.
“This means the US can now decide for themselves when an avian influenza outbreak is over,” he explained.
Avian influenza and industry resilience
Breitenbach said the industry is currently in a strong position. “Between May and now, there have been six cases of [HPAI], but all were isolated incidents. The low impact, together with lower feed prices for soya and maize, has helped stabilise production costs and protect profitability for local producers.”
The industry has submitted a Section 23 application under the Fertilizers, Farm Feeds, Seeds and Remedies Act (No. 36 of 1947) to make it easier and faster for producers to vaccinate their birds against HPAI. As part of this, the Department of Agriculture appointed a task team to investigate why vaccination permit standards have been so strict.
“By improving access to vaccination, we can safeguard flocks, prevent production losses, and maintain a stable supply of poultry for the South African market.
“The move will give producers more confidence in managing disease risk while supporting the broader goal of food security and industry resilience,” Breitenbach said.
