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BPL Inform November 2016

APPLICATIONS FOR CHANGES IN CUSTOMS DUTIES
No new applications have been published in the past month.

OILSEED IMPORT AND EXPORT RETURNS
All importers, exporters and manufacturers (processors) of oilseed products are now required to prepare and submit monthly returns reflecting the type and quantity of product imported, exported or processed, the names and addresses of the parties involved and details of the border posts, ports and vessels used. Returns have to be submitted to the South African Grain Information Services NPC (SAGIS) no later than the 10th of each month in respect of the previous calendar month from October 2016 to October 2020.

According to the proclamation published in Government Gazette 40347 on 14 October returns must be made on the prescribed form available from SAGIS. Where no oilseed products are imported, exported or processed in a particular month, a zero return must nevertheless be submitted.
The following products are affected by this requirement:

OILS: Canola (Rapeseed); Coconut; Cottonseed; Groundnut; Maize (Corn); Palm Oil and its derivatives; Rapeseed (Canola); Soybean Oil; Sunflower; and oil blend or mixture containing any of the aforementioned oils.
OILCAKE: Coconut; Cottonseed; Palm-nut; Soybean; Sunflower seed.
OTHER: Biodiesel; Flours and meals of Soybean; Full-fat Soybean; Peanut Butter; Peanut Paste; Textured Vegetable Protein (TVP).

DRIED FRUIT IMPORT AND EXPORT RETURNS
Importers, exporters, processors and packers of dried fruit must register as such with Dried Fruit Technical Services NPC of Paarl and are obliged to render monthly returns to DFTC on forms available from them in terms of a notice published in Government Gazette 40376 dd 28 October 2016.

TABLE GRAPE EXPORTS
Table grape producers and exporters are now required to register as such with the SA Table
Grape Industry NPC in Paarl and to render monthly statutory returns to them no later than the
15th of the following month. Details of this measure were published in Government Gazette
40376 dd 28 October 2016.

SADC-EPA RULES
Rules for the implementation of the SADC-EPA trade agreement with the European Union were
published by customs on 12 October 2016. The SADC-EPA group comprises South Africa,
Botswana, Lesotho, Namibia, Swaziland and Mozambique. For South Africa this agreement
largely replaces the previous Trade, Development and Co-operation Agreement (TDCA) with
the European Union.

South African traders registered under the TDCA will continue to trade under the SADC-EPA
and are not required to complete a new DA 185 for registration as an exporter under this
agreement. Similarly, the benefits enjoyed by Approved Exporters will continue and their
Authorisation Numbers remain valid for use under the SADC-EPA. Blank EUR.1 forms issued by
customs remain valid for use under the SADC-EPA.

Revised duty rates were gazetted on 21 October 2016. While most duty rates remain
unchanged those for certain textile products (yarn, fabric, clothing, household linens) have
risen by as much as 7%. Importers who cleared affected products through customs in the
eleven-day period between 10 to 21 October are required to bring the duty shortfall into
account.

In a separate notice (Government Gazette 40359) protection on the use of a wide range of
words and phrases has been restricted to goods of European origin in terms of the
Merchandise Marks Act in terms of the EPA.

ADVERTISING AND GIFTS
All articles contained in consignments entering or leaving South Africa have to be declared to
Customs. This includes traditional “no charge” items such as samples, warranty parts,
advertising materials, calendars, diaries and gifts. As year-end approaches suppliers should be
particularly discouraged from including gifts and advertising items with shipments sent to South
Africa unless these items are fully documented.

Any such items must be reflected on the supplier’s invoices and be fully described; the normal
value as an article in trade has to be shown even when the supply is free of charge.
Compliance with other import requirements such as stating the country of origin or having the
necessary import or other permits/authorisations is also mandatory. This includes, where items
are subject to compulsory specifications, the relevant Letters of Authority from the National
Regulator for Compulsory Specifications (NRCS).

Gifts are only admitted on a duty-free basis when consigned directly from a natural person in
another country directly to a natural person resident in South Africa. Individuals are restricted
to the receipt of two gift parcels per year, neither of which may exceed R1400 in value.
The inclusion of undocumented items in shipments constitutes smuggling and could potentially
have far-reaching and costly consequences for local clients. At the very least these could
include lengthy clearing delays, unnecessary additional costs and large fines.

DUMPING DUTIES ON POTATO CHIPS
ITAC’s final determination regarding dumping allegations on potato chips originating in or
exported from The Netherlands and Belgium have been finalised. Specific duty rates for
products from different manufacturers have been gazetted and implemented from Friday 21
October. The dumping duty rates for the various manufacturers range from 5,81% to 30,77%.

REMINDER: NAMIBIA INTRODUCES CRAN COMPLIANCE
CRAN – the Communications Regulatory Authority of Namibia – will enforce compliance with
its import requirements for all telecommunications equipment imported into that country from
1 November. All equipment sold or used in Namibia must comply with CRAN’s Technical
Standards for telecommunication equipment from this date.
Any applicants for CRAN type-approval submitted to CRAN after 30 September must ensure
they have received the necessary certificates before engaging in the import of any goods into
Namibia.

The CRAN requirements are similar to those managed by ICASA in South Africa. There is no
equivalence or reciprocity between the two systems and importers must comply with the
specific requirements of both countries.

NRCS LEVIES
The National Regulator for Compulsory Specifications has a legal duty to ensure that all goods
subject to specification, whether imported or locally manufactured, comply with the relevant
specification(s). In some instances, the costs associated with monitoring compliance are
recovered from the manufacturer or importer by the collection of a compulsory levy on the
product(s). At present about 126 different products are subject to the payment of compulsory
levies.

Manufacturers/importers have to submit a mandatory declaration to the NRCS on a quarterly
basis reflecting the quantity of affected products made or imported. A formal declaration is
required by the NRCS bi-annually for the periods 1 January to 30 June and 1 July to 31
December. The levy has to be paid to the NRCS by the end of July and January respectively
Payments should be made directly to the NRCS and not to any other party.
Copies of the declarations and returns are available on the NRCS website (www.nrcs.org.za)
under the “levy administration” tab.

This communication is published for general information and is not intended as professional advice of
any kind. While every reasonable care has been taken to ensure the integrity and accuracy of the
information contained herein, no liability or responsibility is accepted by Bidvest Panalpina Logistics or
its employees for any damage or loss of any nature whatsoever resulting from the use or reliance upon
this information.