The International Trade Administration Commission of South Africa’s (Itac) Tariff Investigations Regulations in Sub-Part III provides for a “Preliminary Investigation Phase”, in which in Section 15 Itac evaluates whether to accept or reject a Customs tariff application. It is understood that during this phase “interested parties” are contacted soliciting their comments on the proposed initiation of the Customs tariff investigation. One would expect that the intention is not for this to be publicly known, particularly prior to the “Publication Notice” of an investigation, through a Government Gazette notice. [In a Trade Remedy Investigation the applicant’s application is subject only to Itac verification prior to Government Gazette notice.]
On 24 October 2014 a newspaper headline, “Plea for levy against imports of flat steel”, noted ArcelorMittal South Africa Limited (AMSA), Safal Steel (Pty) Ltd and the Southern African Coil Coaters’ Association (SACCA) application for an increase in the “General” rate of customs duty from free (0%) to 10% ad valorem, which has not been gazetted. The tariff subheadings are understood to be 7210.41; 7210.49, 7212.30, 7210.61, 7210.90, 7225.99.90, 7210.70 and 7212.40.
If ever you are invited to comment during the “Preliminary Investigation Phase”, kindly let us know.
