From time
to time certain government
departments publish draft
legislation to inform
stakeholders about their
intention to amend legislation,
and to invite comments. The
commentary period ranges from 2
week to longer periods,
depending on the urgency of the
matter.
The
Bulletin focuses on the
publication of information
relating to such matters which
impact on Customs and Excise
legislation and on broader
import and export legislation.
Latest International Trade News
CORRECTION NOTICE to LIST
14/2013
The following application was published
under List 14/2013 in Notice
860 of 2013 which was published
in Government Gazette 36760
OF 23 August 2013. Download the
Customs News Bulletin of 27
August 2013 from
the new Jacobsens website for
more information.
Amendment of Tariff
subheadings 8302.30.30,
8302.41.10 and 8302.42.10
The tariff
subheadings
refer to:
“- - Fittings of iron, steel
or
copper, commonly used in the
manufacture of windows, doors
and door frames (excluding
window opening mechanisms), of
base metal”
“- - - Fittings of iron, steel
or
copper,
commonly used in the manufacture
of windows, doors and door
frames”
“- - - Fittings of iron, steel
or copper,
commonly used in the manufacture
of doors and door frames”
ITAC has received an application
from
SARS that wording of the three
subheadings be amended as
follows:
“8302.30.30 - - Fittings of
iron,
steel
or copper, commonly
used in the manufacture of
windows(excluding
window opening mechanisms),
doors and door frames (excluding
window opening mechanisms), of
base metal”
“8302.41.10 - - - Fittings of
iron,
steel
or copper, commonlyof
a kind used solely
or principally for in
the manufacture of windows, doors
and door frames of
base metal”;
and
“8302.42.10 - - - Fittings of
iron,
steel
or copper, commonlyof
a kind used solely
or principally for in
the manufacture of doors
and door frames of
base metal.”
The current descriptions are
misleading and lead to tariff
classification issues which have
not been foreseen when the
original
8-digit subheadings were
created.
This amendment is proposed
in order to reduce the possible
incorrect interpretations that
could lead to costly and
unnecessary litigation when
disputes arise.
ITAC Ref 18/2013, Enquiries Mr.
N
Mahlalela,
Tel.: (012) 394 3684 or e-mail nmahlalela@itac.org.za.
Download Notice
860 of 2013 for
more information on the reasons
for these applications.
Representations should
have
been submitted by 20
September 2013.
ITAC has now published a
Correction notice to this
application. The omission of
the word “windows” and the
inclusion of the phrases “of
base metal” in tariff
subheadings 8302.41.10 and
8302.42.90 were erroneous. The
application has thus been
amended to read as published in NOTICE
1090 OF 2013 (CUSTOMS TARIFF
APPLICATION LIST 17/2013).
Comments on the application are
due on 22 November 2013.
Enquiries and ITAC reference:
ITAC
Ref 18/2013, Enquiries Mr. N
Mahlalela, Tel.: (012) 394 3684
or e-mail nmahlalela@itac.org.za.
CUSTOMS BILLS PUBLISHED
The long-awaited Customs Control
Bill and Customs Duty Bills
introduced in the National
Assembly (Parliament) on
24 October 2013.
The
public hearings took place last
week.
Public hearings take place when
there is great public interest
in a Bill. These public
hearings are organised by the
relevant Portfolio Committee to
allow interested parties to
submit written comments and to
make oral representations on the
provisions of the Bill. The
members of the relevant
Portfolio Committee are then
tasked with considering and
debating the Bill in order to
determine whether they are
satisfied with the provisions of
the Bill. If the Portfolio
Committee is not satisfied with
the provisions of the Bill, it
is then amended to incorporate
the submissions of the Portfolio
Committee. At the conclusion of
its work, the Portfolio
Committee submits the Bill
together with a report to the
National Assembly for a second
reading debate and a vote. If
the National Assembly passes the
Bill, it is referred to the
National Council of Provinces ("NCOP")
for consideration.
The
rest of the parliamentary
process prior to signing Bill
into law will be that the Bill
is only referred to the
President after it has passed
through both the National
Assembly and NCOP. The
Constitution requires that the
President must assent to and
sign a Bill, however if the
President has reservations about
the constitutionality (whether
the provisions of a Bill are in
line with the Constitution or
not) of a Bill, he or she may
refer it back to the National
Assembly for reconsideration.
If
the Bill affects the provinces,
the NCOP must participate in the
reconsideration of the relevant
Bill. If a reconsidered Bill
accommodates the President’s
reservations, the President must
assent to and sign the Bill,
however if a reconsidered Bill
does not fully accommodate the
President’s reservations, the
President may either accept this
and assent to and sign the Bill
or refer it to the
Constitutional Court for a
decision on its
constitutionality. If the
Constitutional Court decides the
Bill is constitutional, the
President must sign it.
A
Bill that has been assented to
and signed by the President
becomes an Act of Parliament and
must be published shortly
thereafter in the Government
Gazette ("the Gazette"). An Act
takes effect (becomes binding on
everyone) when it is published
in the Gazette or on a date
determined in terms of the Act.
An Act may require certain
actions to be taken by the
Department before it can be
implemented, for instance the
publication and preparation
of
subordinate legislation (regulations,
determinations or rules) to be
promulgated to further regulate
certain aspects in terms of an
Act. In such instances, an Act
contains a provision that
provides that the Act comes into
operation on a date determined
by the President by proclamation
in the Gazette. Once the
necessary actions have been
finalised, the President is
requested to put the Act into
operation on a certain date.
After the President has assented
to the implementation of the
Act, a proclamation is published
in the Gazette and the Act comes
into operation on
a date determined in the
proclamation.
It is
thus unlikely that these Bills
will become acts in 2013. It is
anticipated that the Bills will
be published for a third period
before they become the Customs
Control Act and the Customs Duty
Act respectively.
Download the Bills and
the explanatory
memoranda from
the SARS website for more
information.
ANTI-DUMPING DUTY
INVESTIGATION ON FROZEN CHICKEN
IMPORTED FROM OR ORIGINATING IN
GERMANY, THE NETHERLANDS AND THE
UNITED KINGDOM
(Comment due
25 November 2013)
The South African Poultry
Association (SAPA) supported by
its counterparts in the SACU
Countries: Namib Poultry
Industries (Pty) Ltd, Swazi
Poultry Processors, Botswana
Poultry Association, Basotho
Poultry Farmers Association,
Grain S.A., and the Animal Feed
Manufacturers Association of
South Africa (AFMA), lodged an
application alleging that frozen
bone-in portions of fowls of the
species Gallus
domesticus were
being dumped in the SACU market,
causing material injury to the
SACU industry concerned.
The applicant submitted
sufficient evidence and
established a prima
facie case
to enable the International
Trade Administration Commission
of South Africa (ITAC) to arrive
at a reasonable conclusion that
an investigation should be
initiated on the basis of
dumping, material industry,
threat of material industry and
causality.
The South African chicken
producers, AFGRI, Country Fair,
Early Bird (Olifantsfontein and
Standerton), Rainbow Chicken,
Sovereign Foods and Supreme
Poultry provided injury
information in this regard.
These producers are responsible
for a major proportion of SACU
production.
Frozen bone-in portions of fowls
of the species Gallus
domesticus fall
in tariff subheading 0207.14.90.
The application was published in
Government Gazette No 36951
dated 25 October 2013 under
NOTICE 1047 of 2013. Download NOTICE
1047.
Comments on the application are
due on 30 November 2013,
and should be submitted to:
The Senior Manager, Trade
Remedies II, Private Bag X753,
PRETORIA, 0001, Republic of
South Africa. The physical
address is The Senior Manager:
Trade Manager II, International
Trade Administration Commission
(ITAC), Block E, The dti Campus,
77 Meintjies Street, SUNNYSIDE,
PRETORIA.
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