Home
FacebookTwitterSearchMenu
  • Subscribe
  • Subscribe
  • News
  • Features
  • Knowledge Library
  • Columns
  • Customs
  • Jobs
  • Directory
  • FX Rates
  • Categories
    • Categories
    • Africa
    • Air Freight
    • BEE
    • Border Beat
    • COVID-19
    • Customs
    • Domestic
    • Duty Calls
    • Economy
    • Employment
    • Energy/Fuel
    • Freight & Trading Weekly
    • Imports and Exports
    • Infrastructure
    • International
    • Logistics
    • Other
    • People
    • Road/Rail Freight
    • Sea Freight
    • Skills & Training
    • Social Development
    • Technology
    • Trade/Investment
    • Webinars
  • Contact us
    • Contact us
    • About Us
    • Advertise
    • Send us news
    • Editorial Guidelines

Customs

Origin Judgment in SARS versus Levi Strauss SA (Pty) Ltd

Publish Date: 
12 Apr 2021

On 07 April 2021, the South African revenue Service (SARS) announced the release of the Supreme Court of Appeal (SCA) judgement of the commissioner for SARS versus Levi Strauss SA (Pty) Ltd. The appeal was upheld with costs, Levi Strauss SA (Pty) Ltd having to pay SARS' costs. The determination and the demand for payment by SARS for the sums of R52,466,124.19 and R87,240,129.71 were set aside.

The judgement relates to whether goods consigned directly from one Southern African Development Community (SADC) member state to another member state, whether qualifying for favourable rate of duty in terms of Protocol, whether commission on purchases through a related company constituted buyer's commission, and whether royalties are due directly or indirectly as a condition of sale of the goods for export to South Africa

Customs and Excise Act, 1964; Section 49(7); appeal against origin determination; importation of goods from SADC countries; certificates of origin in terms of Annex I to Rules of Origin to the Protocol on Trade in the Southern African Development Community (SADC) Region; validity; goods produced in an SADC member state and sold to purchaser in non-member state; purchaser on-selling goods to an end user in a member state; goods dispatched by producer directly to end user; whether goods consigned directly from one member state to another member state; whether qualifying for favourable rate of duty in terms of Protocol; valuation of goods for purpose of calculating customs duty; determination of transaction value in terms of Sections 65, 66 and 67, read with Section 74A(1), of the Act, 1964; inclusion of commissions other than buyer's commission under Section 67(1)(a)(i) of the Act, 1964; what constitutes buyer's commission; international procurement process; manufacturing process under agent's control; scope of purchaser's control of agent; whether commission on purchases through a related company constituted buyer's commission; transaction value; inclusion of royalties in terms of Section 67(1)(c) of the Act, 1964; and whether royalties due directly or indirectly as a condition of sale of the goods for export to South Africa.

The judgement is available on request.

Story by: Riaan de Lange

Share

  • Facebook
  • Twitter
  • Google+
  • LinkedIn
  • E-mail
  • Print

SA Customs Buzz

WTO’s Trade Policy Review of Ukraine

Customs
03 Mar 2025
0 Comments

WHO, WIPO and WTO hold first Joint Briefing for Geneva-based Officials

Customs
03 Mar 2025
0 Comments

Nigeria goes live with its Authorised Economic Operator (AEO) Programme to Fast-Track Trade

Customs
03 Mar 2025
0 Comments

Prohibited and Restricted Import and Export List Amendment: Machine/Machinery Parts

Customs
03 Mar 2025
0 Comments

Customs Weekly List of Unentered Goods

Customs
03 Mar 2025
0 Comments

Active Yeast Anti-Dumping Duties Imposed for Zimbabwe

Customs
25 Feb 2025
0 Comments

General Note O to include Morocco, Burundi and Uganda as part of the AfCFTA Agreement

Customs
25 Feb 2025
0 Comments

Rules of Origin Appendix IV to Annex 2 Amendment

Customs
25 Feb 2025
0 Comments

Customs Weekly List of Unentered Goods

Customs
25 Feb 2025
0 Comments

The Philippines Launches Safeguard Investigation on Corrugating Medium

Customs
18 Feb 2025
0 Comments

WCO supports the African Private Sector with Rules of Origin Competency Development

Customs
18 Feb 2025
0 Comments

Pharmaceutical Tariff Amendments

Customs
18 Feb 2025
0 Comments
  • More

Tariff Book (S1 P1)

Browse by Tariff Headings
  • © Now Media
  • Privacy Policy
  • Freight News RSS
  • About Us
  • Advertise
  • Send us news
  • Contact us