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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.
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The International Trade Commission of South Africa (ITAC) also
publishes Sunset Review Applications in relation to anti-dumping
duty in terms of which any definitive anti-dumping duty will be
terminated on a date not later than five years from the date of
imposition, unless the International Trade Administration
Commission determines, in a review initiated before that date on
its own initiative or upon a duly substantiated request made by
or on behalf of the domestic industry, that the expiry of the
duty would likely lead to continuation or recurrence of dumping
and material injury.
The International Trade Administration published the latest
applications to amend the Customs Tariff of the Southern African
Customs Union (SACU) under a document entitled: "International
Trade Administration Act: Customs and Excise Tariff
Applications: List6/2016".
The document was published in Government Gazette No.
40154 of 22 July 2016 under General Notice No. 441 of 2016.
The application relates to the review of the rates of customs
duty on steel products classifiable under tariff headings:
72.17, 73.07, 73.08, 73.12, 73.18, 73.21, 83.02, 84.18, 84.26,
84.50, 84.51, 85.04, 86.01, 86.07, 86.09 and 94.06.
The investigating officers Lufuno Maliaga, Njabulo Mahlalela,
Pfarelo Phaswana, Tel: 012 394 3835/3684/3628 or e-mail:
lmaliaga@itac.org.za,
nmahlalela@itac.org.za, pphaswana@itac.org.za.
Comments are due by 19 August 2016.
ITAC also published a directive to review the dollar-based
domestic reference price and variable tariff formula for:
(1) Wheat classifiable under tariff subheadings 1001.91 and
1001.99; wheaten flour classifiable under tariff subheadings
1101.00.10 and 1101.00.90.
(2) Maize classifiable under tariff subheadings 1005.10 and
1005.90; maize flour classifiable under tariff subheading
1102.20; and
(3) Sugar classifiable under tariff heading 17.01. The
investigating officers are:
Ms. R Theart, Tel: (012) 394 3674, Fax: (012) 394 4674, e-mail:
rtheart@itac.org.za, Ms. M
Masithela, Tel: (012) 394 3682, Fax: (012) 394 4682 e-mail:
mmasithela@itac.org.za, Mr O Madito,
Tel: (012) 394 3692, Fax: (012) 394 4692 e-mail:
omadito@itac.org.za; or Ms. L
Mulaudzi, Tel: (012) 394 1678, Fax: (012) 394 4678, e-mail:
lmulaudzi@itac.org.za.
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