Customs News Bulletin

17 March 2014

 

Latest International Trade News

 

AMENDMENT OF REGULATIONS TO GENETICALLY MODIFIED ORGANISMS ACT, 1997 (with effect from 1 April 2014)

A notice has been published to amend the regulations to the Genetically Modified Organisms Act 15 of 1997 with effect from 1 April 2014.

Various fees that are payable in terms of Table 2 have been increased.

A fee of R 470.00 will be payable for the importation and exportation of genetically modified organisms.

Download Notice 96 of 2014 for more information.  The Notice was published in Government Gazette 37307 of 14 February 2014.

A second document, entitled Genetically Modified Organisms Act: Tariffs for services Gazette 37307 Government Notice 95 has also been published.

 

ESTABLISHMENT OF STATUTORY MEASURES ON MACADAMIA NUTS, MACADAMIA KERNEL AND MACADAMIA TREES (comments due by 4 April 2014)

The Southern African Macadamia Growers’ Association (SAMAC) applied to the Minister of Agriculture, Forestry and Fisheries, for the establishment of statutory measures (levies, registration and records and returns on in-shell macadamia nuts, macadamia kernels and macadamia trees for a four year period on the
5 March 2014.

Download Notices 169 and 170 for more information about the levies, registration and keeping of records.

Enquiries: Ms Mathilda van der Walt, National Agricultural Marketing Council (NAMC), Telephone (012) 341 1115, fax (012) 341 1911 or email mathilda@namc.co.za .

 

AMENDMENT OF REGULATIONS REGARDING INSPECTIONS AND APPEALS TO AGRICULTURAL PRODUCT STANDARDS ACT (with effect from 1 April 2014)

A notice has been published to amend the regulations regarding inspections and appeals to the Agricultural Product Standards Act.

The notice relates to the amendment of inspections and appeals relating to local products and products for export.

In part one of the notice which is entitled “Agricultural Products Standards Act: Regulations: Inspections and Appeals: Local: Amendment”, Tables 1 and 2 are amended.

Table 1 is entitled “inspection” and relates to inspection on request and audit and management systems respectively.  Table 2 is entitled appeal fees: local and relates to appeal fees in respect of a whole range of agricultural products in alphabetical order.

The second part of the notice relates to the amendment of regulations regarding inspections and appeals for agricultural products for export.

In this part of the notice the fees in Tables 1 to 4 are amended.

The amendments have been published under Notice R. 131 of 28 February 2014 in Government Gazette 37365. Download Notice R. 131 for more information. 

 

INCREASE OF TARIFFS PAYABLE FOR VETERINARY IMPORT PERMITS (with effect from 1 April 2014)

The tariffs for veterinary import permits, export certificates, master import permits and certified copies of master importer permits in terms of the Animal Diseases Act 35 of 1984 will be increased with effect from 
1 April 2014.

The notice to announce the increases has been published under Notice 51 of 2014 in Government Gazette No. 37287 of 7 February 2014.

Download the Notice at http://www.gov.za/documents/download.php?f=209161.

  

Customs Tariff Applications and Outstanding Tariff Amendments

Notice 44 of 2014; Notice 45 of 2014

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 documents relating to the SACU Tariff and tariff amendment applications:

INCREASE IN THE RATE OF CUSTOMS DUTY ON VITREOUS ENAMELS (HS CODE 3207.20)

 

Ferro Industrial Products (Pty) Ltd  applied for an increase in the rate of customs duty on vitreous enamel, classifiable under tariff subheading 3207.20 from free to 20%. Comments are due by 21 March 2014.

 

Download the document at http://www.gov.za/documents/download.php?f=210254

 

ITAC has also published the following documents:

International Trade Administration Act: Final determination in the investigation into the alleged dumping of coated paper originating in or imported from China and Korea Gazette 37337 General Notice 110; and

International Trade Administration Act: Initiation of a sunset review of the anti-dumping duties on gypsum plasterboard originating in or imported from Indonesia and Thailand: Comments invited G 37337 General Notice  111 - comments by 31 Mar 2014

 

 

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 last tariff amendments were published on 7 March 2014.  These amendments relate to the amendment of the duty rates of certain screws and the amendment of item 207.01/3920.49/01.06 to exclude specific PVC strips of a thickness of 2 mm and a width not exceeding 20 mm from the existing anti-dumping duties applicable on PVC rigid, originating in or imported from the People's Republic of China (PRC).

 

Subscribers will soon be able to view a PDF version of the tariff book supplements at new.jacobsens.co.za.  

Download the latest Customs Watch to have access to the latest tariff and rule 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 DA 185 and DA 185.4A5 have been amended to change the references to MIDP to APDP.

Notice R. 174 published in Government Gazette 37422 of 14 March 2014 (DAR/135 refers).

Download the amendments to view the notices.

 

 

 

 

 

 

Contact Information:

 

 

Contact the Author:

Mayuri Govender

Jacobsens Editor

Tel: 031-268 3273
e-mail:  
jacobsen@lexisnexis.co.za

 

 

Leon Marais 
Independent Customs Specialist
Tel: 053-203 0727

e-mail: leon.marais@intekom.co.za