DUTY CALLS

Trade Agreement with India The South African Government has published a notice in respect of “Trade negotiations with India: product lines of interest to exporters to India”. According to the notice, the Southern African Customs Union (Sacu) and India have begun a process of trade negotiations that is intended to lead to the creation of a Preferential Trade Agreement (PTA). According to the notice a consultative process is under way to compile a list of products of export interest The products in question are agricultural and agro-processed products; chemicals; metals, metal products, machinery and engineering; textiles and clothing; leather and footwear; automotives; and other products not mentioned elsewhere Comment is due by 10 October 2008. Reference Guide – General Refund Errors The South African Revenue Service (Sars) has released its “Reference Guide – Customs and Excise General Refund Errors”. The important part of the guide is the section titled “frequently experienced errors”: (1) completion of forms; (2) proof of export; (3) valuation; (4) tariff; (5) permits; (6) substitution; (7) rules of origin; (8) item 522.02 / 522.03; (9) motor industry development programme (midp); (10) time expired; and (11) general. Since Sars first published the Guide on 01 March 2005 there has been a marked improvement in the recurrence of errors. The following points, however, seem to be consistently ignored: (a) all amendments must be initialled on the draft voucher of correction and all copies thereon; (b) Form DA70 required; (c) original proof of export is required; (d) proof of payment from financial institution; (e) tariff determination required in respect of disputes; and (f) proof required that forms DA63 and DA550 have been simultaneously submitted. Draft Legislation Diamond Export Levy Draft legislation for comment in respect of the diamond export levy has been published. The proposed rules to the Customs and Excise Act apply to the collection of the diamond export levy and related matters. Sars issued the following documents and forms: diamond export levy, customs & excise schedule to the rules, draft forms: DL1, DL66, DL67, DL163, DL163A, DL163B, DL163C, DL163D, DL163E, DL185, DL480, AND DL484. Comment is due on 06 October 2008.