Amendment of
Regulations relating
to the
International
Trade Administration
Commission of South
Africa (ITAC)
Automotive
Production and
Development
Programme (APDP)
Regulations
A notice has been
published to amend
the above
regulations under
section 59 of the
International Trade
Administration Act,
2002 (Act 71 of
2002).
In terms
of Government Notice
No. R. 96, published
in Government
Gazette No.
36147 of 15 February
2013, the above has
been amended with
retrospective effect
to 1 January 2013,
by the amendment of
paragraphs 14 and 15
of the APDP
Regulations.
Paragraphs 14 and 15
relate to the
issuing of PRCC and
the usage of PRCC
respectively.
Download Notice No.
271 of 11 April 2014
at
http://www.gov.za/documents/download.php?f=213180
.
|
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:
WITHDRAWAL OF THE
APPLICATION FOR AN
INCREASE IN THE RATE
OF DUTY ON
roasted chicory
classifiable under
tariff subheading
2101.30.10, from 9.2
cents per kilogram
(ad valorem
equivalent of 1.5%)
to 37% ad valorem.
Download the
document at
http://www.gov.za/documents/download.php?f=213196
|
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 tariff
amendments will be
sent to subscribers
under cover of
supplement 1032
which went to print
today (14 April
2014).
The rate of duty on
sugar is increased
from free to
132c/kg. all
territories. See
notice R265
of 4 April 2014.
All the subheadings
of heading 17.01
have been affected
by this amendment.
Provision is made
for a rebate of duty
on certain fabrics
(classifiable in
subheadings 5407.61,
5903.20.90 and
5907.00.90) used in
the manufacture of
upholstered
furniture as
recommended in ITAC
Report 452. See Notice
No. R. R23 of 4
April 2014. |
The loose-leaf pages
that have been
affected by various
amendments that have
been published on 11
April 2014 will also
be forwarded to
subscribers under
cover of Supplement
No 1032.
The general rate of
duty on coated fine
paper, classifiable
in subheadings
4810.13.20,
4810.13.90,
4810.14.10,
4810.14.90,
4810.19.90 and
4810.29.90 is
increased from free
to 5%. Notice R.
272 of 11 April
(A1/1/1487),
published in Gazette
No 37523 refers
The anti-dumping and
countervailing
duties on stranded
wire, ropes and
cables originating
in or imported from
India have been
terminated with
effect from 14
February 2014.
There are currently
no more active
countervailing
duties.
The anti-dumping
duties on stranded
wire, ropes and
cables imported from
the People’s
Republic of China,
the UK, Germany and
Korea have also been
terminated with
effect from 14
February 2014 as
recommended in ITAC
Report No. 462.
Notice No 274 dated
11 April 2014
(A2/1/357) published
in Government
Gazette No 37523 of
11 April 2014 and
Government Notice
No. 276 dated 11
April 2014 (A2/2/3)
published in
Government Gazette
37523 of 1 April
2014 refers.
Provision is also
made for a rebate of
the full duty on
cranberry fruit
juice concentrate,
used in the
manufacture of
mixtures of fruit
juice as recommended
in ITAC Report No.
450.
Refer to Notice No
277 dated 11 April
2014 (A3/1/700)
published in
Government Gazette
No 37523 of 11 April
2014.
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. |