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Customs News Bulletin

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21 October 2015

 

 

Latest News

ADAPT OR DIE

It is important that companies involved in international trade become actively involved in the process and familiarise them with the nitty-gritty of the process.  Fortunately, there are many modern tools that assist companies to modernise and simplify the process.

Companies must make use of electronic solutions to fully benefit from trade facilitation initiatives that are introduced by governments.

The United Nations Centre for Trade Facilitation and Electronic Business (UN/CEFACT), in cooperation with Government and business representatives from around the world, has developed a range of trade facilitation and e-business standards, recommendations and tools that are approved within a broad inter-governmental process and implemented globally.  

Many organizations are involved in making and developing trade facilitation measures which are measures that are aimed to make the processes and procedures of international trade as simple and efficient as possible for anyone involved in international trade. The UN/CEFACT is one such an organisation.

In UN/CEFACT Recommendation Number 33, the United Nations Centre for Trade Facilitation and Electronic Business (UN/CEFACT) (UN/CEFACT) has made a recommendation relating to the information and documents government authorities require to simplify the international trade process, by making use of information and communication technology (ICT). This recommendation deals with the “Single Window” concept whereby trade-related information and/or documents need only be submitted once at a single entry point to fulfil all the regulatory requirements for export, import and transit of goods.

UN/CEFACT Recommendation Number 33 also recommends that participating authorities and agencies should co-ordinate their respective controls through the Single Window and should consider providing facilities for payment of relevant duties, taxes and fees. The Recommendation is complemented by a detailed set of Guidelines designed to assist countries in implementation.

The aim of the Recommendation is to simplify international trade for anyone in international trade by providing for a standard  set of standards that would simplify and harmonize the international trade clearance process while reducing the costs associated with clearance. 

UN/CEFACT Recommendation Number 33 was developed by the International Trade Procedures Working Group (ITPWG-TBG15) of UN/CEFACT and was approved through the Inter-sessional Approval Process in September 2004. It is only one recommendation of a series of trade facilitation recommendations that have been prepared by UN/CEFACT. The recommendations are all are available on the UNECE website, www.unece.org/trade.

Once the Single Window concept has been implemented widely it will contribute to the efficient and effective exchange of information between trade and government. It is particularly important that SARS Customs and all South African government introduce the Single Window in South Africa, and that traders in goods invest in solutions that are compatible with these platforms.

I have acted as an international trade consultant for developers of electronic customs solutions on an ongoing basis since early 2001. The industry has changed a lot since then.

Since March 2001, I realised the importance of customs compliance in relation to the Harmonized System, in particular, and the role of the Harmonized System in customs compliance and customs duty management. Unfortunately, I have also noticed that the lives of South Africa’s importers and exporters can be simplified if electronic solutions are utilised, and if importers, exporters and customs brokers are able to classify their own goods properly, but it does not happen because:

  • few people are able to classify goods properly;

  • people (traders) do not make use of electronic solutions; and/or

  • it can be argued that certain Customs-related departments  in Southern Africa are only partially compliant with  commitments under certain conventions, particularly so relating to chemicals.

As a result of the above, traders may also not comply with international trade agreements. This may be problematic as people may not be able to rely on accurate trade statistics in the areas in which departments are non-compliant.

There is also the potential that the goods of exporters dealing with these goods will be stopped if they are exported to a country which are fully compliant. That will and can have huge financial implications such as non-payment for the goods or late payment.

There is one simple solution, an electronic solution, however the transition is easier said than done. One cannot make use of electronic solutions if you and your service providers are not familiar with the basics of international trade.

 

Customs Tariff Applications and Outstanding Tariff Amendments

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.

There were no applications to amend the customs tariff of the Southern African Customs Union at the time of publication. The latest tariff amendment application was published under List 09/2015 was published under Notice 909 of 2015 in Government Gazette 39201 of 11 September 2015.  Comments on the application were due by 9 October 2015.

 

 

 

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.

There was one notice to amend the SACU Customs Tariff. The amendment was  published in Government Gazette 300 of 16 October 2015 under Notice R. 900

Under the amendment, rebate items 320.01/5903.20.90/ 01.08 and 320.01/5907.00.90/01.08 are replaced by rebate items 320.01/5903.20.90/02.08 and 320.01/5907.00.90/02.08 in order to amend the wording of qualifying fabrics. 

The loose-leaf pages to amend the Jacobsens Harmonized Customs Tariff were sent to subscribers under cover of Supplement 1059.

 

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.

Forms are also prescribed by rule, and are published in the Schedule to the Rules. 

There were no Rule amendments at time of publication.

On 3 July 2015, SARS Customs published an Amendment of the Customs and Excise Rules under section 21A relating to special economic zones (SEZs).

The rule amendment (DAR/156) was published on 3 July 2015 in Government Gazette 38925 under Notice R. 566.

The effective date of this amendment will be on the date that the regulations under the Special Economic Zones Act, 2014 come into effect.

Download the latest Customs Watch at www.jacobsens.co.za to have access to the latest tariff and rule amendments.

 

LexisNexis

 

 

 

 

 

Contact Information:

 

Contact the Author:

Mayuri Govender
Jacobsens Editor

Tel: 031-268 3273
e-mail to:
jacobsen@lexisnexis.co.za

 

Leon Marais
Independent Customs Consultant
Tel: 053-203 0727
e-mail to:
leon.marais@intekom.co.za

 

LexisNexis

 

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