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Customs News Bulletin

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15 March 2017

 

 

Latest News

ACCREDITED TRAINING

Recently students at a Bible College in South Africa were disappointed when they did not receive the qualifications they enrolled for because the college was not registered with the Department of Higher Education and Training (DHET).

DHET warned prospective students that several colleges and institutions are offering higher education programmes without registration by the Department. These institutions are called "bogus" colleges.  According to DHET they use a range of methods to mislead the public. In a post on DHET’s Facebook page a number of recent trends were identified by the Department. Some of these on-line operators committed internet fraud by purporting to offer degrees in 15 days using the name and logo of the Department. Most of the websites are based in the United States of America (USA). However, there are also South African institutions amongst them, which includes the college above.  Some of these bogus colleges also claimed that their institutions are accredited institutions of higher learning, accredited by the Council on Higher Education (CHE) and registered by the South African Qualifications Authority (SAQA).

DHET accreditation is also compulsory for Qualifications from NQF Level 4 upwards.

I approached a TETA-accredited trainer provider for advice on how to select a training provider for NQF-4 Customs and Freight Forwarding qualifications. His advice was: “The best way is to search on the website of SAQA using the SAQA Search Function http://allqs.saqa.org.za/search.php and using the accredited provider field. This is only to check accreditation and not quality.  Always ask for samples of the most technical subjects and get an expert , such as an ops manager to check the validity of the material.

The Department of Higher Education and Training encourages the public to notify it of “bogus” colleges or irregular practices. See https://www.facebook.com/DHETinSA/posts/894979190542076. Do not become a victim of these unscrupulous providers.

 

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 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 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 new 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.

 

 

 

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 were no tariff amendments to the SACU CET at time of publication.

The latest amendments were published under Notice No. R. 199 which was published in Government Gazette No. 40661 of 3 March 2017.

These amendments were forwarded to Jacobsens Subscribers under cover of Supplement 1085.

The amendments have been published in the Customs Watch which is also available on the Jacobsens website at www.jacobsens.co.za.

 

 

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.

There were no amendments to the Customs and Excise Rules at time of publication .

 

 

 

 

 

 

Contact Information:

 

Contact the Author:

Havandren Nadasan
Jacobsens Editor

Tel: 031-268 3510
e-mail to:
jacobsens@lexisnexis.co.za

 

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

 

LexisNexis

 

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