|
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.
CROATIA
BECOMES the 28th
EUROPEAN UNION MEMBER STATE
After an
arduous 6 year battle for
accession, on 1 July 2013,
Croatia finally became the 28th
member state of the European
Union (EU).
There
were huge celebrations in
Croatia following the accession.
Filip Mursel Begovic, a literary
critic and Al Jazeera columnist,
compared the celebrations on the
Central Square in the capital
with a New Year celebration.
Begovic,
however, believes that like all
New Year parties, the
festivities will soon fade away
with the sobering realities
having to be faced by the
country. Many Croatians have
eagerly awaited their country
joining the EU, but like some
other EU members, Croatia's
economy is in the doldrums, with
many causes for concern for its
future, whether in the EU or
not.
South African
importers will also have to wait
before they will reap the
benefits of importing from
Croatia – in the form of
preferential customs duty rates
– as our Government first needs
to ratify a document that will
give Croatia EU preferential
treatment. The time is right to
start looking for partners in
Croatia.
We will keep
you posted of developments.
SUNSET
REVIEWS
In accordance
with the Anti-Dumping
Regulations (ADR) and
Countervailing Regulations (CVR),
any definitive anti-dumping or
countervailing duty shall be
terminated on a date not later
than five years from the date of
imposition, unless the
authorities determine, in a
review initiated before that
date on their own initiative or
upon a duly substantiated
request made by or on behalf of
the domestic industry, that the
expiry of the duty would be
likely to lead to continuation
or recurrence of dumping and
injury or subsidized exports and
injury.
The
International Trade
Administration Commission of
South Africa (ITAC) has notified
all interested parties, in
Notice No. 664 of 2013
which was published in
Government Gazette No.
36592 of 28 June 2013, that,
unless a duly substantiated
request is made by or on behalf
of the SACU industry, indicating
that the expiry of duty would be
likely to lead to the
continuation or recurrence of
dumping and injury or subsidized
exports and injury, the
following anti-dumping and
countervailing duties will
expire in 2014:
|
PRODUCT |
HS SUBHEADING |
IMPORTED FROM OR
ORIGINATING IN |
RATE OF ANTI-DUMPING
DUTY |
DATE OF IMPOSITION OF
THE DUTY |
DATE OF EXPIRY OF THE
DUTY |
ANTI-DUMPING DUTY
PROVISION |
1 |
Sinks, of stainless
steel |
7324.10 |
Central Aluminium
Manufactory SDN BHD
(Malaysia) |
10,74% |
06/11/2009 |
05/11/2014 |
215.02/7324.10/04.06(69) |
2 |
Sinks, of stainless
steel |
7324.10 |
Other, Malaysia |
95,86% |
06/11/2009 |
05/11/2014 |
215.02/7324.10/05.06(63) |
3 |
Sinks, of stainless
steel |
7324.10 |
Primy Corporation Ltd,
People’s Republic of
China (China) |
20,62% |
06/11/2009 |
05/11/2014 |
215.02/7324.10/01.06(65) |
4 |
Sinks, of stainless
steel |
7324.10 |
Rhine Sinkwares
Manufacturing Ltd,
People’s Republic of
China (China) |
10,84% |
06/11/2009 |
05/11/2014 |
215.02/7324.10/02.06(61) |
5 |
Sinks, of stainless
steel |
7324.10 |
Other, People’s Republic
of China (China) |
62,41% |
06/11/2009 |
05/11/2014 |
215.02/7324.10/03.06(64) |
6 |
Wire ropes and cables,
of iron or steel, not
electrically insulated,
of a diameter exceeding
8 mm (excluding ………… ) |
7312.10 |
People’s Republic of
China (China) |
133,65% |
13/02/2009 |
12/02/2014 |
215.02/7312.10/07.06(65) |
7 |
Stranded wire, of iron
or steel, not
electrically insulated,
of a diameter exceeding
8 mm (excluding ………… ) |
7312.10 |
People’s Republic of
China (China) |
113,25% |
13/02/2009 |
12/02/2014 |
215.02/7312.10/11.06(61) |
8 |
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
identifiable as conveyor
belt), excluding that
imported from Bridon
International Gmbh and
Pfeifer Drako) |
7312.10 |
Germany |
93% |
13/02/2009 |
12/02/2014 |
215.02/7312.10/10.06(67) |
9 |
Stranded wire, 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
identifiable as conveyor
belt), (excluding that
imported from Bridon
International Gmbh and
Pfeifer Drako) |
7312.10 |
Germany |
243,54% |
13/02/2009 |
12/02/2014 |
215.02/7312.10/14.06(65) |
10 |
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
identifiable as conveyor
belt), excluding that
imported from Bridon
International Limited) |
7312.10 |
Republic of Korea |
79,76% |
13/02/2009 |
12/02/2014 |
215.02/7312.10/08.06(69) |
11 |
Stranded wire, 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 0r tin and that
identifiable as conveyor
belt) |
7312.10 |
Republic of Korea |
50,33% |
13/02/2009 |
12/02/2014 |
215.02/7312.10/12.06(66) |
12 |
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
identifiable as conveyor
belt), excluding that
imported from Bridon
International Limited) |
7312.10 |
United Kingdom |
76,17% |
13/02/2009 |
12/02/2014 |
215.02/7312.10/09.06(64) |
13 |
Stranded wire, 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
identifiable as conveyor
belt) (excluding that
imported from Bridon
International Limited) |
7312.10 |
United Kingdom |
141,11% |
13/02/2009 |
12/02/2014 |
215.02/7312.10/13.06(60) |
14 |
Gypsum plasterboard:
Boards, sheets, panels,
tiles and similar
articles of plaster or
of compositions based on
plaster, faced or re-inforced
with paper or paperboard
only, not ornamented |
6809.11 |
Thailand |
45% |
06/03/2009 |
05/03/2014 |
213.02/6809.11/05.06(65) |
15 |
Gypsum plasterboard:
Boards, sheets, panels,
tiles and similar
articles of plaster or
of compositions based on
plaster, faced or
re-inforced with paper
or paperboard only, not
ornamented |
6809.11 |
Indonesia |
34,6% |
06/032009 |
05/03/2014 |
213.02/6809.11/06.06(66) |
|
PRODUCT |
HS SUBHEADING |
IMPORTED FROM OR
ORIGINATING IN |
RATE OF COUNTERVAILING
DUTY |
DATE OF IMPOSITION OF
THE DUTY |
DATE OF EXPIRY OF THE
DUTY |
COUNTERVAILING DUTY
PROVISION |
1 |
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
identifiable as conveyor
belt cord) (excluding
that imported from Apar
Industries) |
7312.10 |
India |
2,76% |
13/02/2009 |
12/02/2014 |
235.01/7312.10/06.06(61) |
2 |
Stranded wire of iron or
steel, not electrically
insulated, of a diameter
exceeding 8 mm
(excluding that of wire
of stainless steel, that
of wire, plated or
coated with copper or
tin and that
identifiable as conveyor
belt cord)(excluding
that imported from Apar
Industries) |
7312.10 |
India |
2,87% |
13/02/2009 |
12/02/014 |
235.01/7312.10/07.06(66) |
ITAC will
conduct its investigations in
accordance with the relevant
sections of the International
Trade Administration Act, the
Anti-Dumping Regulations (ADR)
and the Countervailing
Regulations (CVR), read with the
World Trade Organisation (WTO)
Agreement on Implementation of
Article VI of the GATT 1994 and
the Agreement on Subsidies and
Countervailing Measures.
Manufacturers
in the SACU of the products
listed above, who wish to submit
a request for the duty to be
reviewed prior to the expiry
date thereof, are requested to
do so not later than the close
of business day on 29 July
2013. In instances
where no comments or replies are
received within these time
limits, ITAC will recommend the
termination of the duties on the
date of expiry.
SACU
manufacturers who do submit a
request timeously are requested
to subsequently submit duly
substantiated information,
indicating that the expiry of
the duty would be likely to lead
to the recurrence of dumping and
injury or subsidized exports and
injury, to the ITAC, on or
before the date as specified.
The request
by manufacturers in the SACU of
the subject products, and duly
substantiated information,
indicating what the effect of
the expiry of the duties will
be, must be submitted in wring
to:
The Senior Manager: Trade
Remedies I, International Trade
Administration Commission (ITAC),
Block E – The DTI Campus, 77
Meintjies Street, Sunnyside,
Pretoria, South Africa.
The postal address is: The
Senior Manager: Trade Remedies
I, Private Bag X753, PRETORIA,
0001, SOUTH AFRICA.
Enquiries may
be directed to the Senior
Manager: Trade Remedies I, Ms
Carina Janse van Vuuren at
telephone (012) 394 3594 or at
fax (012) 394 0518.
|
Customs Tariff Applications and
Outstanding Tariff Amendments |
Notice 633 of 2013; List
12/2013: Notice 634 of 2013,
Notice 635 of 2013 |
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:
NOTICE 633 OF 2013 PUBLISHED IN
GOVERNMENT GAZETTE 36575 OF 21
JUNE 2013:
NOTICE
OF INITIATION OF AN
INVESTIGATION INTO THE ALLEGED
DUMPING OF DISODIUM CARBONATE
(SODA ASH) ORIGINATING IN OR
IMPORTED FROM THE UNITED STATES
OF AMERICA
ITAC received and accepted an
application alleging that
disodium carbonate (soda ash)
were being dumped in the
Southern African Customs Union (SACU)
market, causing material injury
to the SACU industry concerned.
The applicant, the Government of
Botswana , on behalf of Botswana
Sosa Ash, 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 dumping, material injury and
causality.
The product allegedly being
dumped is disodium carbonate
(soda ash), classifiable under
tariff subheading 2836.20,
originating or imported from
United States of America (USA).
Responses to the questionnaire
and any information regarding
this matter and any arguments
concerning the allegation of
dumping and the resulting threat
of material injury must be
submitted in writing to: |
The Senior Manager: Trade
Remedies I, International Trade
Administration Commission (ITAC),
Block E – The DTI Campus, 77
Meintjies Street, SUNNYSIDE,
PRETORIA, SOUTH AFRICA.
The postal address is: The
Senior Manager: Trade Remedies
I, Private Bag X753, PRETORIA,
0001, SOUTH AFRICA.
All responses, including
non-confidential copies of the
responses should be submitted to
ITAC by 21 July 2013.
Enquiries may be directed to:
Mr Elias Tema at telephone +27
12 394 3640 or Mr Andre Zietsman
telephone at +27 12 394 3673 or
at fax +27 12 394 0518.
Download
Notice No 633 of 2013 for
more information.
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 11/2013
was published under Notice 524
of 24 May 2013 in Government
Gazette 36472.
NOTICE 635 OF 2013 PUBLISHED IN
GOVERNMENT GAZETTE 36575 OF 21
JUNE 2013:
NOTICE
OF INITIATION OF AN
INVESTIGATION INTO THE ALLEGED
DUMPING OF FROZEN POTATO CHIPS
ORIGINATING IN OR IMPORTED FROM
BELGIUM AND THE NETHERLANDS
ITAC received and accepted an
application alleging that potato
chips were being dumped in the
Southern African Customs Union (SACU)
market, causing material injury
to the SACU industry concerned.
The applicant, McCain Foods (SA)
(Pty) Ltd, supported by Nature’s
Choice Products (Pty) Ltd,
Lambert Bay Foods and Potatoes
South Africa, 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
dumping, material injury and
causality.
The product allegedly being
dumped is frozen potato chips,
classifiable under tariff
subheading 2004.10.90,
originating or imported from
Belgium and Netherlands.
Responses to the questionnaire
and any information regarding
this matter and any arguments
concerning the allegation of
dumping and the resulting threat
of material injury must be
submitted in writing to:
The Senior Manager: Trade
Remedies II, International Trade
Administration Commission (ITAC),
Block E – The DTI Campus, 77
Meintjies Street, SUNNYSIDE,
PRETORIA, SOUTH AFRICA.
The postal address is: The
Senior Manager: Trade Remedies
II, Private Bag X753, PRETORIA,
0001, SOUTH AFRICA.
All responses, including
non-confidential copies of the
responses should be submitted to
ITAC by 21 July 2013.
Enquiries may be directed to:
Mr Edwin Mkwanzi at +27 12 394
3742; Mr Sandile Mantolo at +27
12 394 3902; Ms Mercy Mukwevho
at +27 12 394 3907 or Ms Boniswa
Mehlomakulu at +27 12 394 3818
or at fax +27 12 394 0518.
Download
Notice No 635 of 2013 for
more information. |
|
|
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.
Notice No.
468 in Government
Notice No. 36633 of 5 July 2013
provided for the imposition of
provisional payments in relation
to safeguard duties on frozen
potato chips or French fries
(excluding that imported from or
originating in certain
countries).
Provisional payments of 61,42%
will be imposed up to and
including 20 January 2014 as
recommended in ITAC Report No
436.
Subscribe to 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. |
The last amendment was published
in Government Gazette No 36433
of 10 May 2013 under Notices No.
R. 339 and R. 340 (DAR/117 and
DAR/116 respectively).
In terms of these notices:
The Rules for section 76 for the
purpose of a refund application
contemplated in section 76(4) of
the Act are amended by the
insertion of form VOC CR 001;
and
Rule 59A.03(1)(a) is amended to
give effect to risk based use of
temporary registration code
70707070.
Download the
amendments to
view the notices. |
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