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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.
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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 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.
ITAC did not
receive any applications concerning the amendment of the Common
External Tariff of the Southern African Customs Union (SACU)
comprising Botswana, Lesotho, Namibia, South Africa and
Swaziland since the Bulletin of 24 February 2017.
The latest
application to amend the SACU Tariff was published in
Government Gazette No. 40621 of 17 February 2017 in Notice
No. 129 of 2017.
Comments are
due by 17 March 2017.
The
applications relate to the creation of a rebate provision for
the veteran motor vehicles and the reduction in the rates of
duty on rack and pinion steering assemblies classifiable under
tariff subheading 8708.94.20.
For more
information on these applications refer to Jacobsens Customs
Bulletin of 24 February 2017 or contact the ITAC investigating
officer below:
ITAC Ref:
23/2016, Enquires: Ms. Pateka Busika, Ms. Mukeliwe Manyoni
and/or Mr. Daniel Thwala, Tel: 012 394 3595/3676/5162 or
alternatively e-mail
pbusika@itac.org.za/mmanyoni@itac.org.za/
dthwala@itac.org.za in respect
of the rebate provision for veteran motor vehicles.
ITAC Ref:
21/2016, Enquires: Mr. Mashudu Lukhwareni/ Mr Daniel Thwala,
Tel: 012 394 3661/5162 or e-mail
mlukhwareni@itac.org.za/dthwala@itac.org.za
in respect of the application for the reduction in the customs
duty rates on rack and pinion assemblies. |
