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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 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.
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.
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. |
The International Trade Administration Commission (ITAC) has
received 2 applications to amend the Customs Tariff of the
Southern African Customs Union (SACU), comprising Botswana,
Lesotho, Namibia, South Africa and Swaziland. A correction
notice to replace a previous application was also published.
The applications relate to:
-
Increase in the general rate of duty on numerous iron and
non-alloy steel products of Chapter 72 from free to 10%, as
requested by ArchelorMittal South Africa Limited. (Comments
due by 6 November 2015 – within two weeks of publication
date);
-
Increase in the general rate of customs duty on certain
ceramic ware classifiable in tariff subheadings 6910.10 and
6910.90, as requested by Vaal Sanitaryware (Pty) Ltd from
20% to 30% ad valorem. (Comments due within 4 weeks of the
publication date of the Notice, which is 23 October 2015);
and
-
Reduction in the rate of duty on certain diesel, petrol and
electric passenger vehicles not exceeding 800kg; diesel
goods vehicles not exceeding 1 100kg and petrol and electric
goods vehicles exceeding 800kg, from 25% ad valorem to free
of duty. The vehicles are classifiable in tariff
subheadings 8703.21.75, 8703.31.85, 8703.90.31, 8704.21.77,
8704.31.77, 8704.90.35 shall have steering wheels fitted on
the left hand side of the vehicle and may not be operated on
a public road in terms of the National Road Traffic Act (Act
93 of 1996).
The applications were published in Government Gazette 39324
of 23 October 2015 under Notice No. 1007 of 2015 (List 11/2015).
Download the Notice at
http://www.gov.za/sites/www.gov.za/files/39324_gen_1007.pdf
List 10/2015 was published under Notice No. 709 of 2015 in a
Government Gazette of 18 September 2015.
The
International Trade Administration Commission (ITAC) has also
published a notice titled “Rebate
of full anti-dumping duty and rebate provisions draft
guidelines: Comments invited” to introduce the quotas
that will apply to the anti-dumping duties on chicken as per
South Africa’s discussions about the continuation of the AGOA.
The Notice was published in Government Gazette 39352 of
30 October 2015 under Notice No. 1047 of 2015.
Comments are due by 14 November 2015.
Download Notice No. 1047 from
http://www.gov.za/sites/www.gov.za/files/39352_gon_1047_0.pdf |
