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Introduction & Overview Presented By Itumeleng Masege. Introduction Aims and objectives Outcome. Introduction & Overview. ITAC’s Mandate Policy environment SACU. Overview. Core Business Trade Remedies I & II Tariff Investigations I&II Import & Export Control Policy & Research
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Introduction & Overview Presented By Itumeleng Masege
Introduction Aims and objectives Outcome Introduction & Overview
ITAC’s Mandate Policy environment SACU Overview
Core Business Trade Remedies I & II Tariff Investigations I&II Import & Export Control Policy & Research Legal, Secretariat Corporate Services (Finance,Communications, HR, IT) ITAC Structure
ITAC strategic objective: establish a platform that optimally contributes to sustainable growth, employment and equity reduce production costs promote downstream value addition ITAC Strategic Objectives ITAC Strategic Objectives
encourage specialisation and rationalisation enhance international competitiveness export orientation support sustainable industrialisation Equitable opportunity for SMME, BEE and WEE ITAC Strategic Objectives
Trade Remedies Presented by Carina Grove
Anti-dumping Countervailing Safeguards The Function of Trade Remedies
Competitiveness Unfair trade Purpose of Trade Remedies
Not uncommon Not prohibited Injurious dumping Level playing field Not on request Purpose of Trade Remedies
Public hearings Public interest Purpose of Trade Remedies
ITA Act WTO Agreements Regulations What is dumping? Legislative framework
Dumping occurs when a product is exported to another country, at a price which is lower than the price at which the same product is sold in the country of origin. What is dumping? What is Dumping?
Countervailing is action against imported products which are subsidised by a foreign government which causes injury to the SACU industry What is dumping? What is Countervailing?
Safeguard action is taken to protect the SACU industry against a surge of imports which causes serious injury What Is Dumping? What is Safeguards?
Allegation of Dumping or Subsidisation: What to Prove • Dumping/Subsidy • Material injury/threat • Causality
Safeguard Action : What to prove • Surge of imports • Serious injury/threat • Causality
Material/Serious injury • 14 various economic factors • Not all positive
Complaint, Merit assessment, Prelim determination, Final determination and recommendation AD & CDV – 12 to 18 months for final measures Provisional measures within 6 months of initiation Process and Time Frames For Imposition
2004 2005 2006 Initiated 13 13 4 Prelim 5 11 7 Final 16 17 18 Duties imposed 9 3 6 Statistics on cases
Steel Glass Paper Textiles Chemicals & plastics Industries involved
Import & Export Presented by PHILIP SNYMAN
Function Purpose Legal framework Policy Distinction between New Goods, Used or Second Hand Goods and Waste and Scrap Import and Export Control
Health and Environment International Agreements Strategic Reasons Purpose For Control: New Goods
Quality and Safety Reasons Safety and Security Social Reasons and Quality Purpose for Control: New Goods
Purpose For Control: Used or Second Hand Goods The General Rule Specifically Defined Circumstances Raw material for manufacturing
Purpose for control Basel Convention Import and Export: Waste and Scrap
Import And Export Export Control Purpose of control Beneficiation International Agreements Raw Materials for Manufacturing
Import And Export Assist Strategies of Crime Prevention Strategic Reasons
Enforcement of the Act Inspections Investigations Seizure of Goods Import And Export
General Systems Information and Application Forms Import and Export Import And Export
Import and Export STATISTICS 2005/2006 FINANCIAL YEAR Permit applications adjudicated 29 145 Import Permits Issued 17 870 Export Permits Issued 3 985
Import And Export • MoU with PRC • Regulations
Tariff Investigation Presented by Brenda Mabaso
Conduct customs tariff investigations on behalf of the Commission Responsible for : 1. Customs Tariff Amendments Investigations 2. Administration of customs rebates Function
What is a tariff amendment? Amendment of customs duty applicable to imported product Types of amendments: Increase in customs duties Reduction in customs duties Creation of industrial rebates Tariff Amendments
What are they? A waiver provided for the domestic industries not to pay customs duties Allows sourcing of inputs at competitive prices Promotes exports Rebates and Drawbacks
Assessment Criteria • Whether the product or a substitute is manufactured in the SACU? • The competitiveness position of the product concerned • The effective rate of protection • Calculation of the % of the duty rate in relation to the factory selling price of the product • Production and market factors • Tariff simplification • Investment and employment
Role of the Instruments • Facilitate normal trade • Trade liberalisation • Compliance to Trade Agreement obligations • Encourage tariff reduction as opposed to rebate creation
Legal Framework • ITA Act • Customs and Excise Act, 1964 • Customs Tariff Policy
Applications Process Receive Assessments Preliminary Investigation Table findings of prelim before adjudicating body –Commission Publish for further investigation
Applications Process Table for final determination Recommendation to Minister of Trade and Industry Trade and Industry Minister to Finance Minister for implementation Gazette TIME FRAME OVERALL
How To Apply • Information is available on ITAC’s website- www.itac.org.za • Come for consultation – ITAC offices • Post
Southern African Customs Union (SACU) BRENDA MABASO
Article 7 of the SACU Agreement, states the democratisation of SACU through the establishment of institutions Operationalisation of SACU Institutions
The SACU Process Commission of Senior Officials advice recommendations recommendations Council of Ministers National Institutions SACU Tariff Board deadlocks Tribunal SACU Secretariat (administrative support)