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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.
Thee following ITAC
application (List 05/2015 / Notice 486 of 2015) was published in
Government Gazette No 38822 on 29 May 2015.
A. PROPOSED AMENDMENT OF THE CONDITIONS PERTAINING TO THE
GUIDELINES, RULES AND CONDITIONS PERTAINING TO TEXTILE FABRIC
IMPORTED IN TERMS OF REBATE ITEMS 320.01/5407.61/01.06,
320.01/5903.20.90/01.08 AND 320.01/5907.00.90/01.08 FOR THE
MANUFACTURE OF UPHOLSTERED FURNITURE; AND
B. WITHDRAWAL OF THE REQUEST BY TEXFED TO AMEND THE WORDING OF
THE EXISTING REBATE PROVISION FOR 320.01/5407.61/01.06, AS
PUBLISHED IN THE GOVERNEMENT GAZETTE ON 20 FEBRUARY 2015
AND AS SET OUT BELOW:
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a) The additional
proposed amendments to the guidelines regarding applications for
permits for rebate of the full duty on qualifying fabrics used
in the manufacture of upholstered furniture in terms of the
provisions under rebate items 320.01/5407.61/01.06;
320.01/5903.20.90/01.08 and 320.01/5907.00.90/01.08 of Schedule
3 to the Customs and Excise Act. The additional proposed
amendments to the guidelines are as follows:
1. Applications to ITAC for rebate permits will be accompanied
by a sample of the fabrics to be imported which will then be
sent to the Textile Federation (Texfed) for its confirmation of
the local availability. Furthermore, upon importation, a sample
of each of the fabrics included in the rebate permit should be
supplied to South African Revenue Service (SARS) for
verification purposes.
2. An annual audit
should be performed by an independent 3rdparty who will perform
the audit on importers of the rebated fabric. A Texfed
representative may accompany such an audit process.
3. All applications
by companies for rebates will be forwarded to industry
representative bodies for comment before approval, in order to
enhance ITAC's understanding of the bona fides of the applicant.
4. All consignment
level data relating to the rebate application should be provided
to interested parties , including trade associations and trade
unions, and should include the following information relating to
imports:
i. Date of import;
ii. Port of entry;
iii. Country of origin;
iv. Country of export;
v. Description of goods imported and quantity of goods imported;
vi. Rand value of goods imported
vii. Purpose (Customs Procedure/CPC) code and
viii. Identity of importer
b) Withdrawal of
the request by Texfed to amend the current wording of certain
fabrics, which may be imported in terms of rebate provision
320.01/5407.61/01.06 that is used for the manufacture of
upholstered furniture.
Enquiries:
Ms Khosi Mzinjana, Tel. (012) 394 3664 , Fax (012) 394 4664 ,
e-mail: kmzinjana@itac.org.za ; or
Ms Amina Varachia, Tel. (012) 394 3732 , Fax (012) 394 4732 ,
e-mail: avarachia@itac.org.za .
Comments on this application is due by 26 June 2015.
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