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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
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.
The ITAC has
received the following
application concerning
amendments to the SACU Customs
Tariff:
LIST
12/2013 – NOTICE 634 OF 2013
PUBLISHED IN GOVERNMENT GAZETTE
36575 OF 21 JUNE 2013:
Increase in the Rate of Customs
Duty on Certain Plates, Sheets,
Film, Foil and Strip, of
Plastics, Non-Cellular and Not
Reinforced, Laminated, Supported
or Similarly Combined With Other
Materials
The
International Trade
Administration Commission (ITAC)
has received an application for
an increase in the rate of
customs duty on certain plates,
sheets, film, foil and strip, of
plastics, non-cellular and not
reinforced, laminated, supported
or similarly combined with other
materials, such as:
-
biaxially
oriented with a thickness
exceeding 0,012 mm but not
exceeding 0,06 mm, not heat
shrinkable, printed, not
metallised; and
-
biaxially
oriented with a thickness
exceeding 0,012 mm but not
exceeding 0,06mm, not heat
shrinkable, unprinted, not
metallised;
classifiable
under tariff subheadings
3920.20.25 and 3920.20.30 from
10% to 20%.
Contact
Mr Nkulana Phenya or
Ms Ayanda Ndou for more
information at fax (012) 394
4677 or (012) 394 4724.
Representations should be
submitted to The Chief
Commissioner, ITAC, Private Bag
X753, PRETORIA, 0001 by 19
July 2013.
Download Notice
634 of 2013 for
more information.
Customs
Tariff Application List 09/2013
was published under Notice 387
of 19 April 2013.
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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 most recent tariff amendment
was published on 7 June 2013.
The amended pages relating to
this amendment will sent to
Jacobsens subscribers under
cover of amending supplement
1021. Supplement 1021 was sent
to print on Friday, 14 June
2013.
Supplement 1021 covers:
·
The reduction in the general and
EFTA rates of customs duty on
polyether-polyols of subheading
no. 3907.20, from 10% and 2,5%
to free as recommended in ITAC
Report No. 430 (Government
Gazette 36515 R.
384 07.06.2013
A1/1/1469)
· The
deletion of rebate items
305.01/39.07/01.04(44),
306.10.39.07/01.04(48),
307.01/3907.20/01.06(64)
and 319.01/3907.20/01.06(65) as
they became obsolete resulting
from the reduction of the
general and EFTA rates of
customs duty on polyether-polyols
of subheading no. 3907.20.15 to
free as recommended in ITAC
Report No. 430. (Government
Gazette 36515 R. 385
07.06.2013 A3/1/693)
· The
creation of rebate item
306.01/2815.11/02.06(68) to
provide for sodium hydroxide for
the manufacture of sodium
metasilicates as recommended in
ITAC Report No. 428 (Government
Gazette 36515 R. 386
07.06.2013 A3/1/694)
·
The insertion of Additional Note
4 to Chapter 22 to provide for
beverages of fermented origin
with an alcohol content
exceeding 15 per cent but not
exceeding 23 per cent
(Government Gazette
36515 R. 387
06.072013 A1/1/1471)
·
The
insertion of Note 5 in Section A
of Part 2 of Schedule No 1,
consequential to the deletion of
Additional Note 4 in Chapter 22,
with retrospective effect from
15h06 on 23 February 2011 up to
and including 28 February 2011
(Government Gazette
36515 R. 388
06.07.2013 A1/2A/156) |
·
The amendment of Parts 1C and 1D
to Schedule No 6, with effect
from 27 February 2013, and with
retrospective effect from 1
March 2011 as indicated below:
In terms of section 75 of the
Customs and Excise Act, 1964,
Part 1 C of Schedule No. 6 to
the Customs and Excise Act 91 of
1964 is amended, with
retrospective effect from 27
February 2013:
· By
the insertion of rebate items
620.11/104.15, 620.15/104.17 and
620.17/104.17; and
· By
the substitution of rebate items
620.15/104.17.15/01.01(72),
620.15/104.17.16/02.01(79) and
620.17/104.17.17/01.01(76).
(Government Gazette
36515 R. 389
06.07.2013 A6/1C/35)
In terms of section 75 of the
Customs and Excise Act, 1964,
Part 1 C of Schedule No. 6 to
the Customs and Excise Act 91 of
1964 is amended, with
retrospective effect from 27
February 2013:
· By
the insertion of rebate item
headings 621.09, 621.10, 621.12
and 621.13 and
· By
the substitution of rebate items
621.09/104.21.03/01.01(79),
heading text (title) to 621.11,
rebate item
621.12/104.23.03/01.01(74),
621.13/104.23.03/01.01(71) and
heading title 621.14. (Government
Gazette
36515 R. 390
06.07.2013 A6/1D/01)
In terms of section 75 of the
Customs and Excise Act, 1964,
Part 1 C of Schedule No. 6 to
the Customs and Excise Act 91 of
1964 is amended, with
retrospective effect from 1
March 2011:
·
By the insertion of rebate items
620.07.104.15.07/01.09(77),
620.08/104.16.09/01.07(75),
620.10/104.17.15/01.06(72) and
620.10/104.17.16/02.06(76); and
· By
the substitution of rebate items
620.07/104.15.07/01.07,
620.07/104.15.07/01.08, 620.07/104.15.08/02.07,
620.07/104.15.08/02.08, 620.08/104.16.09/01.05,
620.08/104.16.09/01.06, 620.08/104.16.10/02.05,
620.08/104.16.10/02.06, 620.09/104.15.09/01.02,
620.09/104.15.10/02.02, 620.10/104.17.15/01.04,
620.10/104.17.15/01.05, 620.10/104.17.16/02.04,
620.10/104.17.16/02.05,
620.11/104.15.07/01.01 and
620.11/104.15.08/02.01.
(Government Gazette 36515 R.
391 06.07.2013 [A6/1C/36])
In terms of section 75 of the
Customs and Excise Act, 1964,
Part 1 C of Schedule No. 6 to
the Customs and Excise Act 91 of
1964 is amended, with
retrospective effect from 1
March 2011:
· By
the insertion of rebate items
621.17/104.23, 621.17/104.23.28/01.01, 621.18/104.21,
621.18/104.21.01/01.01,
621.19/104.23,
621.19/104.23.03/01.01 and 621.19/104.23.11/02.01 to facilitate the use of
an excisable product (wine) in
the manufacture of another
excisable product (spirituous
beverages or liqueur) under
rebate of duty. (Government
Gazette 36515 R. 392
06.07.2013 [A6/1D/02])
Download the amendments from
SARS at:
http://www.sars.gov.za/Legal/Secondary-Legislation/Tariff-Amendments/Pages/Tariff-Amendments-2013.aspx |
