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Customs News Bulletin

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27 January 2016

 

 

Latest News

PROPOSED REGULATIONS RELATING TO THE GRADING, PACKING AND MARKING OF PINEAPPLES INTENDED FOR SALE IN THE REPUBLIC OF SOUTH AFRICA

(Comments due by 19 February 2016)

The Minister of Agriculture, Forestry and Fisheries published a notice relating to the proposed regulations relating to the grading, packing and marketing of pineapples intended for sale in the Republic of South Africa in Government Gazette 39613 of 22 January 2016 for public comments under the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990).  The notice was published under Notice No. 12 of 2016.

All interested  parties are invited to submit written comments and representations on the proposed Regulations relating to the grading, packing and marking of Pineapples intended for sale in the Republic of South Africa, and to do so within 30 days from the date of publication of this notice to the following address:

Executive Officer: Agricultural Product Standards, Department of Agriculture, Forestry and Fisheries, Private Bag X343, Pretoria, 0001, Tel: (012) 319 6070/6512, Fax: (012) 319 6265 and E-mail: Tebogoc@daff.gov.za or BernardMa@daff.gov.za.

The regulations may be obtained from the Departmental website http://www.daff.gov.za/sideMenu/Foodsafety.htm or can be sent through an electronic mail or posted by mail to any other person upon request.

AMENDMENT OF REGULATIONS RELATING TO THE GRADING, PACKING AND MARKING OF VARIOUS AGRICULTURAL PRODUCTS INTENDED FOR SALE IN THE REPUBLIC OF SOUTH AFRICA

The Minister of Agriculture, Forestry and Fisheries published the following notices to amend the regulations relating to the grading, packing and marketing of agricultural products intended for sale in the Republic of South Africa in Government Gazette 39613 of 22 January 2016 under the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990). 

Notice /Proclamation

Title of Notice

Proclamation 3 of 2016

Agricultural Product Standards Act: Regulations: Grading, packing and marking of maize products intended for sale in South Africa

Notice 43 of 2016

Agricultural Product Standards Act: Regulations: Grading, packing and marking of durum wheat intended for sale in South Africa

Notice 44 of 2016

Agricultural Product Standards Act: Regulations: Grading, packing and marking of soft wheat intended for sale in South Africa

Notice 45 of 2016

Agricultural Product Standards Act: Regulations: Grading, packing and marking of sunflower seed intended for sale in South Africa

Download the Notices by clicking on the links above.

In addition to these Notices, the following Notices were published under the Agricultural Product Standards Act:

Notice

Title of Notice

Proclamation 2 of 2016

Agricultural Product Standards Act: Regulations: Control of export of tree nuts

Notice 42 of 2016

Marketing of Agricultural Products Act: Establishment of statutory measure: Registration of milk producers

Notice 46 of 2016

Marketing of Agricultural Products Act: Establishment of statutory measure: Records and returns by milk producers

Download the Notices by clicking on the links above.

 DRAFT CUSTOMS CONTROL ACT RULES SECOND ROUND RELEASED

(Comments due by 1 April 2016)

The second draft of the Customs Control Rules made under the Customs Control Act, 2014 (Act No. 31 of 2014), was published for public comment. The due date for comments is on/before 1 April 2016.

SARS published two documents (a clean one and one with track changes) as well as an explanatory memorandum.

According to the SARS Explanatory Memorandum the amendments made to the first draft of the Rules include changes occasioned by external stakeholder comments received after publication of the first draft, internal feedback and SARS operational requirements, changes to give effect to proposed amendments of the Customs Control Act, 2014, (as contained in the Taxation Administration Laws Amendment Bill, 2015), as well as the technical review of the draft as a whole.

It is further stated that technical amendments include the correction of errors, the moving of provisions (for example the moving of definitions to rule 1.1), the adaptation of wording to ensure consistency of similar provisions throughout the text, the insertion of provisions inadvertently omitted, the insertion of general provisions applicable to all the Chapters and the consequential deletion or adaptation of provisions in the various Chapters.

Download the Explanatory Memorandum  and the Draft Notices from  http://www.sars.gov.za/Legal/Preparation-of-Legislation/Pages/Draft-Documents-for-Public-Comment.aspx.

 

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 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.

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.

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.

There were no applications to amend the SACU Tariff at time of publication.

The last application to amend the SACU Tariff was published under Notice No. 1220 of 2015 (List 13/2015) in Government Gazette 39531 of 18 December 2015.

 

 

 

 

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 no tariff amendments at time of publication. 

The latest tariff amendments were published on 18 December 2016.

This amendments were published in the following Government Gazettes:

  • Government Gazette 39524 dated 18 December 2015.

  • Government Gazette 39525 dated 18 December 2015.

  • Government Gazette 39526 dated 18 December 2015.

  • Government Gazette 39527 dated 18 December 2015.

Refer to the Bulletin of 20 January 2016 for more information.

  The loose-leaf pages to amend the Jacobsens Harmonized Customs Tariff was sent to subscribers under cover of Supplement 1064. The loose-leaf amendments for the big amendments was sent to subscribers under cover of Jacobsens Supplement 1065.  If you have not received the updates by now kindly contact LexisNexis’ Customer Care division.

 

 

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.

There were no Rule amendments at time of publication.

On 31 December 2015, SARS Customs published an Amendment of the Customs and Excise Rules under section 120. Rule120.09A was inserted to provide for currency conversions for determining value of goods exported or to be exported

The rule amendment (supposedly DAR/157) was published on 31 December 2015 in Government Gazette 39569 under Notice R. 1294.

 

 

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Contact Information:

 

Contact the Author:

Havandren Nadasan
Jacobsens Editor

Tel: 031-268 3510
e-mail to:
newjacobsens@lexisnexis.co.za

 

Leon Marais
Independent Customs Consultant
Tel: 053-203 0727
e-mail to:
leon.marais@intekom.co.za

 

LexisNexis

 

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