The International Trade Administration
Commission
(ITAC)
is
responsible
for
tariff
investigations,
amendments,
and
trade
remedies
in South
Africa
and on
behalf
of SACU.
Tariff investigations include:
Increases in the customs
duty
rates in
Schedule
No. 1
Part 1
of
Jacobsens.
These
applications
apply to
all the
SACU
Countries,
and, if
amended,
thus
have the
potential
to
affect
the
import
duty
rates in
Botswana,
Lesotho,
Namibia,
Swaziland
and
South
Africa.
Reductions in the customs
duty
rates in
Schedule
No. 1
Part 1.
These
applications
apply to
all the
SACU
Countries,
and, if
amended,
thus
have the
potential
to
affect
the
import
duty
rates in
Botswana,
Lesotho,
Namibia,
Swaziland
and
South
Africa.
Rebates of duty on products, available
in the
Southern
African
Customs
Union (SACU),
for use
in the
manufacture
of
goods,
as
published
in
Schedule
No. 3
Part 1,
and in
Schedule
No. 4 of
Jacobsens.
Schedule
No. 3
Part 1
and
Schedule
No. 4
are
identical
in all
the SACU
Countries.
Rebates of duty on inputs used in the
manufacture
of goods
for
export,
as
published
in
Schedule
No. 3
Part 2
and in
item
470.00.
These
provisions
apply to
all the
SACU
Countries.
Refunds of duties and drawbacks of
duties
as
provided
for in
Schedule
No 5.
These
provisions
are
identical
in the
all the
SACU
Countries.
Trade remedies include:
Anti-dumping duties (in Schedule No. 2
Part 1
of
Jacobsens),
countervailing
duties
to
counteract
subsidisation
in
foreign
countries
(in
Schedule
No. 2
Part 2),
and
safeguard
duties
(Schedule
No. 2
Part 3),
which
are
imposed
as
measures
when a
surge of
imports
is
threatening
to
overwhelm
a
domestic
producer,
in
accordance
with
domestic
law and
regulations
and
consistent
with WTO
rules. |
Dumping is
defined
as a
situation
where
imported
goods
are
being
sold at
prices
lower
than in
the
country
of
origin,
and also
causing
financial
injury
to
domestic
producers
of such
goods.
In other
words
there
should
be a
demonstrated
causal
link
between
the
dumping
and the
injury
experienced.
To
remedy
such
unfair
pricing,
ITAC
may, at
times,
recommend
the
imposition
of
substantial
duties
on
imports
or
duties
that are
equivalent
to the
dumping
margin
(or to
the
margin
of
injury,
if this
margin
is
lower).
Countervailing investigations are
conducted
to
determine
whether
to
impose
countervailing
duties
to
protect
a
domestic
industry
against
the
unfair
trade
practice
of
proven
subsidised
imports
from
foreign
competitors
that
cause
material
injury
to a
domestic
producer.
Safeguard measures,
can be
introduced
to
protect
a
domestic
industry
against
unforeseen
and
overwhelming
foreign
competition
and not
necessarily
against
unfair
trade,
like the
previous
two
instruments.
In the
WTO
system,
a member
may take
a
safeguard
action,
which
is,
restricting
imports
temporarily
in the
face of
a
sustained
increase
in
imports
that is
causing
serious
injury
to the
domestic
producer
of like
products.
Safeguard
measures
are
universally
applied
to all
countries,
unlike
anti-dumping
and
countervailing
duties
that are
aimed at
a
specific
firm or
country.
Schedule No. 2 is identical in all the
SACU
Countries.
ITAC has published the following document
relating
to the
SACU
Tariff
and
tariff
amendment
applications:
Increase in the general rate of customs duty on
wire of
iron or
non-alloy
steel
plated
or
coated
with
other
base
metals (beadwire)classifiable
under
tariff
subheading
7217.30
from
free to
10% ad
valorem.
Download
the
document
at
http://www.gov.za/documents/download.php?f=213251 .
|
With the exception of certain parts of
Schedule
No. 1,
such as
Schedule
No. 1
Part 2
(excise
duties),
Schedule
No. 1
Part 3
(environmental
levies)
Schedule
No. 1
Part 5
(fuel
and road
accident
fund
levies),
the
other
parts of
the
tariff
is
amended
by SARS
based on
recommendations
made by
ITAC
resulting
from the
investigations
relating
to
Customs
Tariff
Applications
received
by them.
The ITAC
then
investigates
and
makes
recommendations
to the
Minister
of Trade
and
Industry,
who
requests
the
Minister
of
Finance
to amend
the
Tariff
in line
with the
ITAC’s
recommendations.
SARS is
responsible
for
drafting
the
notices
to amend
the
tariff,
as well
as for
arranging
for the
publication
of the
notices
in
Government
Gazettes.
During the annual
budget
speech
by the
Minister of
Finance
in
February,
it was
determined
that
parts of
the
tariff
that are
not
amended
resulting from
ITAC
recommendations,
must be
amended
through
proposals
that are
tabled
by the
Minister
of
Finance.
Once a year big
tariff
amendments
are
published
by SARS,
which is
in line
with the
commitments
of South
Africa
and SACU
under
international
trade
agreements.
Under these
amendments,
which
are
either
published
in
November
or early
in
December,
the
import
duties
on goods
are
reduced
under
South
Africa’s
international
trade
commitments
under
existing
trade
agreements.
The following amendments have been published recently:
Schedule No. 4 to the Customs and Excise Act 91 of 1964 has
been
amended
by the
insertion
of
rebate
item
460.23/00.00/02.00
and by
the
amendment
of
rebate
item
460.23
to
distinguish
between
equipment
used in
exploration
for or
production
of
petroleum
being
imported
free of
duty,
and
equipment
that is
subject
to
customs
duties
and a
permit
from
ITAC.
The amendment was published on 17 April 2014 and the effective
date of
the
amendment
is 1
January
2014.
The amendment was published in Government
Gazette 37554
under
Notice
No
R.289. |
Jacobsens reference A4/2/369 refers.
The amendment of the rate of duty on heat exchange units in
tariff
subheading
8419.50
from
free to
15% as
recommended
in ITAC
Report
No. 465.
Provision is made for a rebate of full duty on methyl ester
sulphate
for the
manufacture
of
washing
preparation
by the
insertion
of
rebate
item
306.06/3402.11.20/01.08
as
recommended
in ITAC
Report
No. 469.
Provision is made for a rebate of full duty on polyurethane
flat
shapes
and
natural
rubber
straps
for the
manufacture
of dust
mask as
recommended
in ITAC
Report
No. 460.
Tariff amendments published on 9 May 2014:
The descriptions of tariff subheadings 8302.30.30, 8302.41.10
and
8302.42.10
has been
amended
as
requested
by SARS
and
approved
by ITAC.
(Government
Notice
R. 335,
published
in
Government
Gazette
No 37606
of 9 May
2014 –
reference
A1/1/1489
refers).
The anti-dumping duty provisions on welded link chain ranging
in size
from 4mm
to 10mm
originating
in or
imported
from
China
(anti-dumping
duty
items
215.02/7315.82.03/01.08 and 215.02/7315.82.03/02.08)
have
been
deleted
as
recommended
in ITAC
Report
Number
461
(Government
Notice
R. 336,
published
in
Gazette
No.
37606 of
9 May
2014 –
A2/1/358
refers)
The amendments will be sent to subscribers under cover of
supplement
1033.
Subscribers
will
soon be
able to
view a
PDF
version
of the
tariff
book
supplements
at www.jacobsens.co.za.
Download the
latest
Customs
Watch to
have
access
to the
latest
tariff
and rule
amendments. |