DUTY CALLS

Customs Valuation Policy The South African Revenue Service (Sars) has published its 41-page “External Policy on Customs Valuation on Imports”. According to the scope of the document, effective since 26 March, this policy is for all Customs Officers dealing with the pre- or post-clearance verification and calculation of the value for Customs duty purposes of imported goods. It specifically focuses on the provisions of: (i) Section 65 of the Customs and Excise Act (the Act); (ii) Sections 66(4)(5)(7)(8) and 66(9) of the Act; and (iii) Section 73 of the Act. The policy explains how Customs interprets the law that relates to the value for Customs Duty purposes. This policy does not cover: (i) The transaction value method (Section 66(1) of the Act); (ii) anti-dumping; or (iii) countervailing duty. Mortise Lock Dumping Amendment On 30 March Sars announced the amendment of the anti-dumping duties (Schedule No.2 of the Act) on mortise and mortise locks, 2, 3 and 4 lever, of base metal with or without handles. The anti-dumping amendment relates to the substitution for tariff headings 8301.40 and 8301.41 to Item (dumping) 215.12 on such products imported from or originating in the People’s Republic of China. The amendment was introduced with retrospective effect from 22 August 2008. Budget 2012 Tariff Amendments On 30 March Sars announced the following tariff amendments that were contained in the National Budget on 22 February 2012. The implementation of the fuel and electricity National Budget proposals relate to Schedule No.1 Part 3B to the Act (Electricity Levy); Schedule No.1 Part 5A to the Act(Fuel Levy), Schedule No.1 Part 5B to the Act (Road Accident Fund Levy) and Schedule No.6 Part 3 to the Act (Refunds and Rebates of Excise Duties, Fuel Levy and Environmental levy). With the exception of the Electricity Levy that will come into effect on 01 July 2012, the other levies and refund and rebate provisions will be effective from 04 April 2012. MIDP Form Substitution On 30 March Sars announced the retrospective amendment to the Rules under Sections 75 and 120 to the Act, and the substitution of forms to the Motor Industry Development Programme (MIDP). The MIDP forms affected are: DA199A, DA199.01, DA199.03, DA199.10, DA199.11, DA199.12, DA199.13, DA199.14, DA199.15, DA199.16, and DA199.17. These amendments/ substitutions are effective from 01 January 2012. Duty Calls Watch List Comment is due, by 30 April, on the proposed exclusion of specific PVC strips of a thickness of 2mm and a width not exceeding 20mm, classifiable under tariff subheading 3920.49, from the existing anti-dumping duties applicable on PVC rigid originating in or imported from the People’s Republic of China.