Forwarder questions customs penalty on export shipments

Alan Peat THE INTERPRETATION by customs of its rights relating to export shipments is now proving to be a tricky area for forwarders - with penalties appearing where they never showed their face before. In one case a Johannesburg-based forwarder was fined R500 when he tried to have an amending document passed for some of the containers in his total shipment of boxes when the ship short-shipped them in Durban. Customs queried why he had sent more containers than the ship could take even though he explained that it was obvious that the ship was overbooked. And, even although all the boxes had been customs authorised for export before they left Johannesburg, customs also demanded that he bring the remaining batch back to Johannesburg because they had decided to examine them - which he refused to do. But, in the end, and despite all his efforts, he just had to fork out, and accept their interpretation. The ruling behind this, according to information released to FTW by another forwarder, is that customs has the right to examine all export shipments. “Regulations require that bills of entry be passed for all exports prior to containers being placed at shippers’ premises for stuffing so that customs rights can be exercised in this regard,” FTW was told. “Exporters who pack containers for export - and despatch these prior to export authorisation being received - run the risk of having to return such containers to the place of origin for examination, if so required.” “Bills of entry have to be supported by copies of invoices showing the goods being shipped. Customs will not accept pro-forma invoices, and shipments may not be altered once bills of entry have been passed.” And customs can slap the exporter for non-compliance, and could even hit the offending party with a penalty of 20% of the value of the merchandise. But the interpretation of all this seems to be a bit questionable at times, according to the “non-compliant” forwarder.