Customs News Bulletin

4 March 2015

Latest Amendments and News

 

SOUTH AFRICAN NATIONAL BUDGET 2015

Finance Minister Nhlanhla Nene has tabled the 2015 Budget last week.  It was his maiden budget speech and provides an insight on what one can expect in future.

There were the expected increases on the so-called “sin taxes” (specific excise duties) on wines, beer, spirits and spirituous beverages and tobacco products. These will be dealt with in more detail under the heading “Customs Tariff Amendments”.

In addition Fuel and Road Accident Fund (RAF) levies have been increased by 80,5c per litre with effect from 1 April 2015.  That is 30,5c/litre increase in the general rate of fuel levy and 50c/litre increase in the Road Accident Fund (RAF) Levy.

The Minister also introduced several tax measures aimed at promoting energy efficiency and helping power utility, Eskom, keep a stable supply.

The environmental levy on electricity will also be increased from 3,5c/kWh to 5,5c/kWh with effect from 1 April 2015.

The Minister further announced that the long-expected carbon tax (which will probably be an environmental levy on carbon dioxide emissions) would be introduced in 2016. I presume more information will be provided during the Budget Speech in 2016.

On a more personal note South African taxpayers will be paying more taxes on their personal incomes to help the government raise revenue.

Taxpayers will pay an extra percentage point more personal income tax to enable the government to raise an extra R12-billion this year, and another R15-billion in 2016.

 ·         Download the Treasury's People's Guide to the Budget [PDF] for more information. 

Read more: http://www.southafrica.info/news/budget-260215.htm#.VPakRfmUdfM#ixzz3TObU4Tkm

 

 

 

Customs Tariff Applications and Outstanding Tariff Amendments

 

 

 

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.

The International Trade Administration Commission (ITAC) has published the second amendment applications to the Southern African Customs Union Tariff for 2015.

The Southern African Customs Union comprises of South Africa and Botswana, Lesotho, Namibia and Swaziland.

The Notice (Government Notice R.150 of 2015) was published in Government Gazette 38478 on 20 February 015.

Comments are due by 20 March 2015.

The application is in relation to amendments to Part 1 of Schedule No. 3.

The application is entitled AMENDMENT OF THE WORDING FOR QUALIFYING FABRICS UNDER REBATE ITEM 320.01 FOR THE MANUFACTURE OF UPHOLSTERED FURNITURE.

The amendment of the rebate description is proposed to read as follows:

320.01/5407.61/01.06 Woven fabrics surface treated to resemble suede containing 85 % or more by mass of non-textured micro-fibre polyester filament yarns, of a mass exceeding 150g/m2 and of a width not exceeding 150 cm, in such quantities, at such times and subject to such conditions as the International Trade Administration Commission may allow by specific permit, for use in the manufacture of upholstered furniture classifiable in tariff heading 94.01.320.01/5903.20.90/01.08 Other textile fabrics commonly known as imitation leather, laminated with polyurethane, in such quantities, at such times and subject to such conditions as the International Trade Administration Commission may allow by specific permit, for use in the manufacture of upholstered furniture classifiable in tariff heading 94.01

320.01/5907.00.90/01.08 Textile fabrics commonly known as imitation leather backed with bonded leather, in such quantities, at such times and subject to such conditions as the International Trade Administration Commission may allow by specific permit, for use in the manufacture of upholstered furniture classifiable in tariff heading 94.01.

 [Enquiries: Ms. Khosi Mzinjana, Tel: (012) 394 3664. Fax: (012) 934 4664. E-mail: kmzinjana@itac.org.za. Ms. Amina Varachia, Tel: (012) 394 3732. Fax: (012) 934 4732. E-mail: avarachia@itac.org.za.

 

 

 

 

Customs Tariff Amendments

 

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.

There were a number of tariff amendments since last week.

The amendments were published in the following Government Gazettes:

  • Taxation proposals as tabled by the Minister of Finance in his Budget Review on 25 February 2015

  • Government Gazette 38493 dated 27 February 2015;

  • Government Gazette 38514 dated 27 February 2015.

  • Section A of Part 2 of Schedule No 1 is amended by increasing the excise duty rates on beer, wine and other alcoholic products and tobacco products as tabled by the Minister of Finance in his Budget Review 2015 at 15h02 on 25 February 2015.

  • Section 48 of the Customs and Excise Act, 1964, Part 1 of Schedule No. 1 is amended (i) By the insertion of Additional Note 6 in Chapter 22; and (ii) By the insertion of subheading 2206.00.19.

  • Section 48 of the Customs and Excise Act, 1964, Part 1 of Schedule No. 1 is amended by increasing the rate of customs to on sugar of tariff subheadings 1701.12, 1701.13, 1701.14, 1701.91 and 1701.99 from 142,5c/kg to 207,1c/kg in terms of the existing variable tariff formula as recommended in ITAC Minute M08/2014.

  • Section 56 of the Customs and Excise Act, 1964, Part 1 of Schedule No. 2 is amended by inserting the following anti-dumping duty items:
    - 201.02/0207.14.9/02.07
    - 201.02/0207.14.9/03.07
    - 201.2/0207.14.9/04.07
    - 201.02/0207.14.9/05.07
    - 201.02/0207.14.9/06.07
    - 201.02/0207.14.9/07.07: and
    - 201.02/0207.14.9/08.07
    to give effect to ITAC’s final determination on the (alleged) dumping of frozen bone-in portions of fowls of the species Gallus Domesticus, originating in or imported from Germany, the Netherlands and the United Kingdom.  ITAC Report 492 refers.

The tariff amendments will be sent to subscribers under cover of Supplement 1044

Download the two latest Customs Watch to have access to the latest tariff amendments.

 

 

 

Customs Rule Amendments

 

The Customs and Excise Act is amended by the Minister of Finance. Certain provisions of the Act are supported by Customs and Excise Rules, which are prescribed by the Commission of SARS. These provisions are numbered in accordance with the sections of the Act. The rules are more user-friendly than the Act, and help to define provisions which would otherwise be unclear and difficult to interpret.

 Forms are also prescribed by rule, and are published in the Schedule to the Rules. 

Forms are also prescribed by rule, and are published in the Schedule to the Rules. 

There were no rule amendments at time of publication. The last amendment (DAR/140) was published on 8 August 2014.

Download the latest Customs Watch to have access to the latest tariff and rule amendments.