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Customs News Bulletin

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22 August 2017

 

 

Latest News

HOW JACOBSENS CAN ASSIST SOUTH AFRICAN MANUFACTURERS TO BECOME MORE COMPETITIVE

The world has changed dramatically since 1994 and even more so since 11 September 2001. Today, our world is much more open, but at the same time, much more difficult. There is a growing complexity.

The successes of WTO 1994 that transformed GATT into the World Trade Organisation lead to trade liberalization which played a huge role in globalization.

Within this context governments have to make policies, strategies and instruments supporting trade liberalization.

The term “globalization” means that the world is much more integrated in terms of politics, economics, social issues, trade and information communications technology. Information Communications Technology (ICT) has had a strong impact on trade because communications today allow consumers and producers to be informed of what is happening in any part of the world. This leads to more informed and more sophisticated consumers and, subsequently, more demanding and more informed and efficient producers.

Globalization is also characterized by a greater diversity, increasing competition, more countries competing, more companies competing and traditional comparative advantages beginning to erode.

Governments and companies should become more competitive on global markets. 

Competitiveness relates to all the elements that relate to globalization: Products, infrastructure, ports, information systems, management, trade policy (technical standards, environmental regulations, etc.).

The Department of Trade and Industry is responsible for supporting industries to improve the competitiveness of their products and companies. Globally Ministries of Trade and Industry also need to improve the competitiveness of their countries.

Export (trade) promotion is one component of (improving) global competitiveness. Traditionally trade promotion agencies used to focus on promotion of exports. However, in a global economy, where many industries are globalized, trade promotion agencies need to stop distinguishing between imports and exports and between only promoting exports and not imports because all business activity is now integral.

Thus we should start talking about trade promotion agencies, and not export promotion agencies.

Ministries of Trade and Industry also play an important role in trade policy formulation through customs tariffs. Jacobsens as the Common External Tariff of the Southern African Customs Union published by LexisNexis is the most important trade policy instrument of South Africa and the BLNS-Countries, Botswana, Lesotho, Namibia and Swaziland, and there are various provisions in the SACU Tariff that are aimed at improving global competitiveness.

Rebate, refund and drawback provisions are published in Schedules 3, 4 and 5 of the SACU Tariff. The International Trade Administration Commission of South Africa investigates certain industries and makes recommendations in reports on the implementation of certain offerings on behalf of the Southern African Customs Union. These recommendations are then considered by the Minister of Trade and Industry, who requests the Minister of Finance to amend the Tariff in line with ITAC’s recommendations.

Examples of such offerings relating to imports and exports are:

Schedule No. 3 provides for industrial rebates for manufacturing purposes on products not produced in the Southern African Customs Union, allowing manufacturers to import their intermediate material and component inputs at lower rates of duty.

Schedule No. 4, inter alia, provides for products for which there are temporary shortages in the Southern African Customs Union.

The primary aim of Schedule 3 and 4 rebate provisions is to provide import duty waiver on products that attract duties but are not produced in the SACU or which are insufficiently produced in the region.

These rebates are available subject to certain conditions. In some instances one of the conditions is a rebate permit from the International Trade Administration Commission (ITAC). Rebate facilities need to be approved by SARS Customs.

Import VAT is payable on Schedule 3 rebate provisions while most Schedule 4 rebate provisions are exempted from payment of VAT.

Rebate item 470.03 in Schedule No. 4 provides for a full waiver of customs duty on imported goods for use in the manufacture of goods exclusively for export. Payment of VAT is exempted. The premises of manufacturers need to be approved and registered by SARS Customs.

Refund item 521.00 provides for a full refund of customs duty on imported goods used in the manufacture of goods exclusively for export.

Upon receipt of a duly completed application for rebate item 470.03 or refund item 521.00, ITAC issues the permit. In the case of a 470.03 permit, which must be obtained prior to importation, the permit is presented to Customs when clearing the goods whilst the 521.00 permit must be presented to SARS Customs when claiming a refund of the duties which have been paid at time of importation. The application forms are available on the ITAC website www.itac.org.za.

 

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.

There were no notices regarding the applications to the amendment of the SACU CET at time of publication.  The last notices were published in Government Gazette No. 40998 of 21 July 2017.

The Notice numbers were Notice 546 of 2017 and Notice 547 of 2017.

Refer to the Bulletin of 28 July 2017 for more information about these Notices. 

 

 

 

 

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 at time of publication.  The latest amendments to the Southern African Customs Union were published in Government Gazette 41038 of 11 August 2017. Refer to the Jacobsens Customs News Bulletin of 15 August 2017 for more information.

The loose-leaf pages to amend the Jacobsens Harmonized Customs Tariff were sent to Jacobsens subscribers under cover of Supplement 1091.

 

 

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 Rules to the Customs and Excise Act, 1964 at time of publication. The last Rule amendment (DAR/168) was published in Government Gazette 40486 of 19 May 2017.

 

 

 

 

 

Contact Information:

 

 

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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