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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
weeks 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.
News From The International
Trade Administration Commission
We have been informed by ITAC
that the applications regarding
“Leather used for the
manufacture of safety footwear”
and the “Review of the Salmon
duties” were finalised. The
decision in the former was to
reject the application and the
latter was to retain the status
quo, hence there will be no
publication notices in the
Government Gazette.
In terms of the process followed
when finalising a tariff
amendment application which was
published in the Government
Gazette for comment but the
decision did not require any
amendment to the Customs and
Excise Act, an ITAC report will
be compiled and forwarded to the
applicant and interested parties
to inform them of the outcome.
Copies of ITAC Reports
pertaining to these
investigations may be obtained
from Mrs. Fenny Marapyana:
Manager, ITAC Secretariat, who
may be contacted at
fmarapyane@itac.org.za.
NOTICE OF THE INTERIM REVIEW OF
THE ANTI-DUMPING DUTIES ON ROPES
AND CABLES MANUFACTURED
BY CASAR AND ORIGINATING IN OR
IMPORTED FROM GERMANY
(Comments due by 19 May 2013)
There are currently various
anti-dumping duty provisions
under item 215.02/7312.10.
These provisions apply to ropes
and cables, of iron or steel,
not electrically insulated, of a
diameter exceeding 8 mm
(excluding that of wire of
stainless steel, that of wire
plated, coated or clad with
copper and that identifies as
conveyor belt cord), commonly
identified or referred to as
steel wire ropes, classifiable
under tariff subheading
7312.10.40. The rates of
anti-dumping duty vary from
76,17% - if imported from or
originating in the United
Kingdom – to 133,65% - if
imported from or originating in
China.
The International Trade
Administration Commission of
South Africa (ITAC) accepted an
application for an interim
review in terms of the
Anti-Dumping Regulations (ADR)
45 with regard to ropes and
cables manufactured by Casar
Drahtseilwerk Gmbh (the
Applicant) and originating from
Germany.
The subject product, when
imported from or originating in
Germany is currently subject to
anti-dumping duty at a rate of
93%, in terms of antidumping
duty item
215.02/7312.10/10.06(67).
The Applicant submitted
sufficient evidence and
established a prima facie
case to enable ITAC to arrive at
a reasonable conclusion that an
investigation should be
initiated on the basis of
changed circumstances with
regard to dumping and the level
of anti-dumping applicable to
the applicant. On the basis of
information submitted by the
Applicant, ITAC found that there
was prima facie proof
that dumping no longer takes
place.
The period of investigation for
the purposes of determining the
dumping margin in the exporting
country will be 1 January 2012
to 31 August 2012.
ITAC has requested that any
information regarding this
matter must be submitted in
writing to the following address
not later than 30 days from the
date of the notice, which was
published in Government
Gazette No. 36371 of 19 April
2013, under Notice 386 of
2013.
Information must be submitted to
The Senior Manager, Trade
Remedies I, ITAC, Private Bag X
753, Pretoria, 0001 at physical
address Block E (Uuzaji
Building), The DTI Campus, 77
Meintjies Street, Sunnyside,
PRETORIA, SOUTH AFRICA.
Enquiries mat be directed to the
investigating officers, Mr Zuko
Ntsangani at telephone +27
12 394 3662 or Mr Emmanuel
Manamela at telephone +27 12 394
3632 or at fax +27 12 394 3518.
Download
Notice No 386 of 2013.
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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 the 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
recommend the imposition of, at
times, substantial duties on
imports, 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 received the following
application concerning
amendments to the SACU Customs
Tariff:
LIST 08/2013 – NOTICE 378 of
2013:
INCREASE IN THE RATES OF CUSTOMS
DUTY ON FROZEN CHICKEN MEAT
Tariff subheadings 0207. 12 AND
0207.14 MEAT AND EDIBLE MEAT
OFFAL, OF POULTRY OF HEADING
01.05, and more specifically
frozen carcasses and cuts and
offal.
The current rates of duty are
subheading 0207.12.20 – 27%,
subheading 0207.12.90 – 27%,
subheading 0207.14.10 – 5%,
subheading 0207.14.20 – 27% and
subheading 0207.14.90 – 220c/kg.
The South African Poultry
Association, for reasons
published in Notice No 378 of
2013 (Customs Tariff Application
List 08/2013) applied for an
increase in the customs duty
rates by the introduction of a
specific duty rate capped with
the bound rate of 82% ad
valorem.
When approved, the effect of the
amendment of these duty rates
will be that the customs duty on
low-priced frozen poultry in
particular will be increased to
the bound rate of 82%, which is
a substantial increase in the
duty rate on frozen poultry
meat.
Contact
Ms. B Moeng on telephone
number (012) 394 3623, fax (012)
394 4623 or email
bmoeng@itac.org.za
(ITAC reference 62/2012) for
more information.
Comments can also be directed
to:
International Trade
Administration Commission (ITAC),
Private Bag X753, PRETORIA,
0001.
Download
Notice 378 of 2013
for more information.
Representations should be
submitted to the above address
by 3 May 2013.
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Customs Tariff Application List
07/2013 was published under
Notice 229 of 22 March 2013.
LIST 09/2013 – NOTICE 387 OF
2013 PUBLISHED IN GOVERNMENT
GAZETTE 36371 OF 19 APRIL 2013:
APPLICATION 1: REDUCTION IN THE
RATES OF CUSTOMS DUTY ON
SELF-ADHESIVE PLATES, SHEETS,
FILM, FOIL, STRIP AND OTHER FLAT
SHAPES, OF PLASTICS, WHETHER OR
NOT IN ROLLS, OF POLYETHYLENE
TEREPHTHALATES
The International Trade
Administration Commission (ITAC)
received an application for the
reduction in the duty rate on
SELF-ADHESIVE PLATES, SHEETS,
FILM, FOIL, STRIP AND OTHER FLAT
SHAPES, OF PLASTICS, WHETHER OR
NOT IN ROLLS, OF POLYETHYLENE
TEREPHTHALATES, classifiable in
tariff subheading 3919.90.03,
from 10% to free of duty.
Contact
Mr Nkulana Phenya, fax (012) 394
4677 or Ms. Elizabeth Kekana,
fax (012) 394 4668 or
email
nphenya@itac.org.za
or
ekekana@itac.org.za
(ITAC reference 43/2012) for
more information.
Comments can also be directed
to:
The Chief Commissioner,
International Trade
Administration Commission (ITAC),
Private Bag X753, PRETORIA,
0001.
Download
Notice 387 of 2013
for more information.
APPLICATION 2: CREATION OF
REBATE PROVISIONS FOR TEXTILE
FABRICS FOR THE MANUFACTURE OF
UPHOLSTERED FURNITURE
The International Trade
Administration Commission (ITAC)
received an application for the
creation of three rebate
provisions for woven fabrics,
classifiable under tariff
subheadings 5407.61, 5903.20.90
and 5907.00.90 respectively,
imported subject to permits by
ITAC, for the manufacture of
upholstered furniture
classifiable under tariff
heading 94.01.
Download
Notice 387 of 2013
for more information.
Contact
Mr M Skenjana, Tel (012) 394
3675, fax (012) 394 4675 or at
e-mail
mskenjana@itac.org.za
(ITAC reference 37/2012) for
more information.
Comments can also be directed
to:
The Chief Commissioner,
International Trade
Administration Commission (ITAC),
Private Bag X753, PRETORIA,
0001.
APPLICATION 3: CREATION OF A
REBATE PROVISION FOR PALM OIL
FOR THE MANUFACTURE OF EDIBLE
FATS AND OILS
The International Trade
Administration Commission (ITAC)
received an application for the
creation of a rebate provision
for Palm oil, refined, bleached
and deodorised but not
fractioned, classifiable in
tariff subheading 1511.90, for
the manufacture of edible fats
and oils, classifiable in tariff
subheading 1517.90.
Contact
Ms L Maliaga Tel (012) 394 3675,
fax (012) 394 3835 or e-mail
lmaliaga@itac.org.za
(ITAC reference 63/2012) for
more information.
Comments can also be directed
to:
The Chief Commissioner,
International Trade
Administration Commission (ITAC),
Private Bag X753, PRETORIA,
0001.
Download
Notice 387 of 2013
for more information.
Representations on all the above
applications should be submitted
to the above address by 17 May
2013.
OUTSTANDING
TARIFF AMENDMENTS
Following the tariff amendments
of 7 December 2012, the
following possible tariff
amendments are still outstanding
and due. Some of them may be
published soon:
Creation of a rebate facility on
sodium hydroxide (caustic soda)
in solid classifiable under
tariff subheading 2815.11, for
use in the manufacture of sodium
metasilicates classifiable in
2839.11;
Creation of a rebate facility on
petroleum bitumen, classifiable
under tariff subheading 2713.20
to full duty rebate;
Ad valorem
customs duty (luxury tax) on
small aircraft and boats as
mentioned by the south African
Minister of Finance during the
2012 Budget Speech;
Increase in the General rate of
Customs duty on PTFE of
subheading 3920.99.25 from 10%
to 20%; and
Review of the Customs duty on
photographic film of
tariff subheading 3701.10.90. |
