TDCA Safeguard Guidelines On 12 April we drew attention to a Government Gazette notice of 03 April in which the International Trade Administration Commission of South Africa (Itac) called for comment on its draft guidelines and conditions pertaining to a safeguard application in terms of Article 16 of the agreement on trade, development and co-operation (TDCA) between the European Community (EC) and its member states and the Republic of South Africa. Comment was due by 15 April 2013. In a Government Gazette notice of 19 July the guidelines and conditions pertaining to an agricultural safeguard application in terms of Article 16 of the TDCA between the EU and its member states and the Republic of South Africa were published. Article 16 reads “Notwithstanding other provisions of this Agreement and in particular Article 24, if, given the particular sensitivity of the agricultural markets, imports of products originating in one Party cause or threaten to cause a serious disturbance to the markets in the other Party, the Cooperation Council shall immediately consider the matter to find an appropriate solution. Pending a decision by the Cooperation Council, and where exceptional circumstances require immediate action, the affected Party may take provisional measures to limit or redress the disturbance. In taking such provisional measures, the affected Party shall take into account the interest of both Parties”. Compact Fluorescent Lamps The proposed creation of a rebate provision for nonlinear glass tubes (envelopes) equipped with mounting and leading-in wires, classifiable in tariff heading 85.39, for the manufacture of compact fluorescent lamps (CFL) classifiable in tariff subheading 8539.31.90. The proposed amendment of Rebate Item 316/8504.10/01.06 will change the minimum power rating from 8W to 5W on electronic ballasts for the manufacture of fluorescent discharge lamps (excluding ultra-violet lamps) of tariff subheading 8539.31.90, with power rating of 5W or more but not exceeding 23W. The application was lodged by Eveready (Pty) Ltd who reasoned that the application was required to provide support for the fluorescent lamps manufacturing industry in the South African Customs Union (Sacu) region and also to advance the national initiative to develop the local green economy. The rebate provision will lead to job creation. Comment is due by 16 August 2013. Duty Calls’ Watch List Comments by the Sacu industry indicating that the expiry in 2014 of the trade remedy duties would be likely to lead to the continuation or recurrence of dumping, subsidise exports or injury are due by 29 July 2013 in respect of wire ropes (tariff subheading 7312.10); gypsum plaster board (tariff subheading 6809.11) and stainless steel sinks (tariff subheading 7324.10) imported from or originating in China, Germany, India, Indonesia, Malaysia Republic of Korea, Thailand and the United Kingdom.
