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Customs News Bulletin

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14 November 2014

Latest Amendments and news

 

DEALING WITH CUSTOMS MODERNISATION: HOW THE INTERNET, INFORMATION AND TECHNOLOGY COMMUNICATION CAN HELP IMPORTERS

In the last Bulletin article, we provided you with information about how internet-enabled solutions generate international transactions and we also provided you with advice on how to choose the best solution to assist the importer with landed cost calculations.

In this article, we will look at additional features that a solution should have. These features will assist importers and their traders to become and remain customs-compliant.

Global trade management solutions that focus on customs compliance must be Harmonized System-based. It would not be possible to develop solutions that focus on customs and trade compliance without a Harmonized System engine.  Developers are not able to develop these solutions without making use of the services of customs experts.

Harmonized System tariff classification is also instrumental in the development of solutions that focus on landed cost calculation.

Like many processes and procedures in international trade, landed cost solutions and trade compliance solutions are inter-related. The inter-relationship is as a result of the role of the Harmonized System and HS tariff classification in as far as it relates to customs duty assessment.

Trade compliance and customs compliance are synonymous and relates to the process of ensuring goods that are moved across borders comply with the export and import requirements in both the export country as well as in the import country. The research company Stephens Inc. compares trade compliance (in relation to goods) with the passport and visa requirements of people crossing borders.

Like a person may need a passport and visa when he/she travels to a certain country, certain goods may need a certificate of origin and an imported license (permit) when it is imported into a certain country.

Customs compliance can be simple or complicated, depending on the nature (tariff classification) of the product in question. The customs compliances will also depend on the trade policy of the importing country but will always be subject to and in line with international agreements the importing (and exporting) country is signatory to.

Any reputable e-Global logistic solution provider will make use of customs experts to assist them to develop the different engines for the solutions. These engines will be inter-linked and will make use of Harmonized System-based architecture. Without an inter-linked HS engine, none of the engines will be reliable.

The different customs-related engines (for example HS country specific engine, supporting document engine, import control engine, export control engine, customs clearance engine) will be inter-related with the tariff engine as the most important engine, and it will form part of the entire solution that has been developed by the solution provider, for example a banking (payment) solution and a shipping (tracking) solution.

Some of these solutions may be easy to generate but the ones based on the HS can only be developed by specialists and needs continuous updating.

LexisNexis has updated their website with the latest content and strives to always provide you with up-to-date content.

International trade comprises of many processes and procedures, and compliance with documentary requirements is very important for the seamless flow of trade. This is important irrespective of whether the transaction is a manual transaction or generated electronically.

 

Four categories can be identified in any international trade transaction:

·         Firstly, it is an ordinary local commercial transaction with a few intricacies.

·         Secondly, the transaction has a strong emphasis on customs and trade compliance.

·         Thirdly, there has to be a strong emphasis on shipping (transportation) of the goods from one area to another.

·         Lastly, there has to be payment for the goods. Financial aspects can also not be ignored.

The objectives of the four categories must be met and documents and processes are required for the seamless flow of international trade and to achieve these objectives.

The categories above are also inter-linked and inter-dependent, and for importers to succeed, they must be able to at least calculate the duties they need to pay in order to perform a landed cost calculation.

The landed cost calculation is important. It is inter-related with other processes and features that the solution should have, and the seamless flow of these processes within the solution is important.

In this week’s edition, we will look at the importance of the ability of the solution to calculate the landed cost.

The landed cost of a product is the total all-inclusive cost of that product. It cannot be calculated correctly if the duty of the product is not calculated. In order to calculate the duty, the user of the product should be able to insert the tariff classification (correct tariff subheading) of the goods together with the correct customs value of the product and the origin of the product.

One should remember that there will be many documentary requirements that should be met to satisfy Customs in order for importers to qualify for preferential rates of duty. Although supporting documents, such as commercial invoices, are not submitted in all instances, the importer must have copies of all required documents such as certificates of origin, valid movement certificates and preferential status of the goods. In the event of goods coming from a country which South Africa has a free or preferential trade agreement with, the documents will be used in support of the qualification for preferential rates and allows the goods of that tariff subheading to be imported at a lower rate of duty than goods coming from areas with which the country does not have such an agreement.

Developers of landed cost calculators must, as a minimum requirement, be able to calculate the duty of the goods accurately. Above the fact that the users of the software must be able to insert the correct tariff classification, customs value and origin of the goods, the duty calculator must be able to identify the different types of duties and the software must assist the user to calculate the duties accurately.

How will your duty calculator deal with the calculation of all types of customs and excise duties? Can it only do straight forward duty calculations (such as ad valorem calculations that are based on a percentage of the customs value) or can it also do more complex calculations (such as composite duty calculations in terms of which the ad valorem rate of duty has to be calculated), and as a separate calculation the specific rate of duty (for example amount of duty per kilogram) has to be done for the same commodity. These types of duty are separated by the word “or” and the higher of the two rates of duty should be the applicable rate of duty. In this regard, the developer of the solution should have incorporated the capability of the calculator to do this calculation and if the developer does not know this, the duty and landed cost will not be accurate.

Duty calculators should also be able to explain to the user how to do the calculations. The General Notes to Schedule No. 1 explain how to do these calculations.

Developers should also be aware of the definitions of the different types of customs duty. They should then be in a position to allow their software to accurately link the different parts of the tariff to one another and to do all calculations separately.

Does your developer know that duty and levies in other parts of Schedule No. 1 to the current South African Customs and Excise Act are to be calculated in addition to the duty in Schedule No. 1?

Is the solution you are using able to identify goods that are subject to not just anti-dumping duties in Schedule No. 2, but information such as provisional payments in relation to anti-dumping duties?

In order to calculate the VAT and excise duties on commodities accurately, the developer has to be aware of and incorporate all the charges that should be included in the formulas for the calculation of these charges. If these charges are not included, and if the other rates of duty are calculated incorrectly, the VAT and excise duties will also be calculated incorrectly.

Rebates, refunds and drawbacks on commodities are very specific provisions that allow for goods to be imported at a lower rate of duty provided the imported goods comply with certain provisions. Is the duty calculator able to identify those conditions, and deduct the rebates, refunds and drawbacks from the prevailing rates of duty.

This is one of the most important features of a duty calculator and it is essential that it is able to perform this.

Landed cost calculators should be able to do much more than these simple calculations. Developers should know what other charges should be included in these calculations, and their software should be able to ask for the right questions to do these calculations.  Are the solutions you use able to do this?

THIRD BATCH OF DRAFT RULES TO THE CUSTOMS CONTROL ACT RELEASED FOR COMMENTARY

(Comments due by 14 November 2014)

SARS Customs have published the third batch of draft Rules to the Customs Control Act (Act 31 of 2014). The draft contains the draft rules proposed under Chapters 21, 23 and Chapters 25 to Chapter 31.

Comments on the Draft Rules are due on 14 November 2014.

With the exception of the draft Rules to Chapter 22, dealing with international postal articles handled by the South African Post Office, the draft rules of the first 31 Chapters of the Customs Control Act have now been published. The draft Rules for Chapters 32 to Chapter 41 are still outstanding. Download the Jacobsens Customs News Bulletin of 16 October 2014 for more information.

 

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 the 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.

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. 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.

In the WTO system, a member may take a safeguard action, which is, restricting imports temporarily in the face of a sustained increase in imports that is causing serious injury to the domestic producer of like products. Safeguard measures are universally applied to all countries, unlike anti-dumping and countervailing duties that are aimed at a specific firm or country.

Schedule No. 2 is identical in all the SACU Countries.

ANTI-DUMPING DUTY INVESTIGATIONS

There were no applications to amend the Customs Tariff of the Southern African Customs Union (SACU) at time of publication.

The last application that was published related to the initiation of a sunset review investigation of anti-dumping duty on stainless steel sinks originating in or imported from China and Malaysia (anti-dumping duties 215.02/7324.10/01.06(65) to 215.02/7324.10/05.06(64)).

 

 

 

 

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 the time of publication.

The last tariff amendments dealt with the increase in the general rate of customs duty on wheat and wheaten flour, classifiable with tariff subheadings 1001.91, 1001.99, 1101.00.10 and 1101.00.90.

It also deals with an increase in the general rate of customs duty on certain products of paper or paperboard, coated, impregnated or covered with plastic or metal foil from free to 5%.

Download the latest Customs Watch to have access to
the latest tariff amendments which were published on
10 October 2014 and sent out under cover of Supplement 1038.

 

 

 

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 rule amendments at time of publication. The last amendment (DAR/140) was published on
8 August 2014.

The last rule amendment set a limitation of R50 000 on cheque payments in Rule 120.12.

Download the latest Customs Watch to have access to the latest tariff and rule amendments.

 

 

 

 

 

 

Contact Information:

Mayuri Govender

Jacobsens Editor

Tel: 031-268 3273
e-mail: 
jacobsen@lexisnexis.co.za

 

Contact the Author:

Leon Marais 
GMLS Associate: Customs Specialist
Tel: 011 425 1840

e-mail: leon.marais@intekom.co.za/ leon@gmls.co.za