Customs Tariff Applications

bowman-gilfillanOn 21 August the International Trade Administration Commission (ITAC) published notices in the Government Gazette regarding the following applications:

Application for rebate of duty on certain plastic sheets for use in the manufacture of acrylic sanitaryware

Rebates enable certain importers to import goods without paying duties under certain conditions. The primary aim of rebates is to provide a customs duty waiver and therefore products at world competitive prices. The customs duty waivers apply to products that attract duties, but are not produced or insufficiently produced domestically as an industrial or agricultural input for, among others, certain critical applications or as capital items.

Libra Bathroom (Pty) Ltd (Libra) has brought an application for a full rebate of duty on, “Other plates, sheets, film, foil and strip of poly (methyl methacrylate), non-cellular and not reinforced, laminated supported or similar combined with other materials, classifiable in tariff subheading 3920.51 for the manufacture of acrylic sanitary ware.”

In its reasons for the application, Libra argues that there are no local manufacturers of the subject product, and that the 10% ad valorem import duty on the main raw material makes it very difficult for Libra to compete with low priced imports from Eastern countries which are also gaining substantial market share on an annual basis. The rebate, if granted, will bring the total cost to the company down.

Duty increase application on polyurethane prepolymers

National Urethane Industries (Pty) Ltd (NUI) has brought a duty increase application on polyurethane prepolymers, classifiable under tariff subheading 3909.50, from zero to 10%, by way of creating an additional eight-digit tariff subheading under tariff heading 39.09, which reads as follows: “Polyurethane prepolymers with an NCO percentage of less than 20 per cent”.

In support of its application NUI states, among other reasons, that imported products are sold at price levels that cause material injury to the local SACU prepolymers manufacturers and that certain foreign manufactures “… are receiving subsidies from their governments in one way or the other, which is difficult to prove”.

Comments or any objections to the above applications are to be made within four weeks of the date of notice. For more information please click here.

For any enquiries please contact: Virusha Subban, partner and Nkululeko Khumalo, senior associate at Bowman Gilfillan Africa Group.

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