In an earlier instalment of this column, the need for the protection of South African intellectual property, including Rooibos, was discussed. It was a welcome surprise when, in the Government Gazette of July 12, Trade and Industry Minister Rob Davies, in terms of the Merchandise Marks Act of 1941, gave notice that the South African Rooibos Council (SARC) has conveyed a request for the prohibition of the use of the words Rooibos, Red Bush, Rooibostee, Roobos Tea (possibly misspelt), Rooitee and Rooibosch.

The proposed prohibition pertains to use in connection with any trade, business, profession or occupation or in connection with a trademark, mark or trade description applied to goods other than to use by SARC members or any other party in accordance with the Rules of Use for Rooibos, published as an annexure to the notice.

Interested persons are invited to submit their comments to the Registrar of Trade Marks by no later than August 12.

According to the annexure, the name Rooibos can only be used to refer to the dry product, infusion or extract that is 100% pure Rooibos – derived from Aspalathus linearis and that has been cultivated or wild-harvested in the geographic area described in the application.

Rooibos may be blended with teas, infusions and other products for human consumption and other purposes. The labelling of such products must conform with the rules applicable to the labelling of products in the territory where the product is marketed.

According to the SARC, to be designated Rooibos, the final product must contain 100% Aspalathus linearis or at least adhere to the statutory standard. In the case of a Rooibos-blended tea or infusion, Rooibos can be used as the main descriptor (Rooibos <<other product>>), provided Rooibos is the main ingredient, the extract percentages appear on the label/packaging and the final product must still be recognisable as Rooibos, as characterised in the description of the product.

A blended tea or infusion can be called “<<other product>> and Rooibos blend” as descriptor only if it contains Rooibos and on condition that Rooibos provides a distinctive character for the product, the exact percentage of the Rooibos content appears on the label/packaging and the product with the highest percentage appears first on the label.

Rooibos-flavoured tea or infusions with liquid flavourants (flavoured Rooibos) can be called “Rooibos <<liquid flavourant>>” on condition that Rooibos is the main ingre- dient (after water), the exact percentage of Rooibos content appears on the label/packaging and the final product must still be recognisable as Rooibos, as characterised in the description of the product.

Following guidance from the SARC, other products (for instance, extracts, soaps, cream, yoghurts and liquor, besides others) may be called “Rooibos <<other product>>” only if they contain Rooibos and on condition that ‘Rooibos’ (or ‘Aspalathus linearis’) appears on the list of ingredients and it can be proved that Rooibos adds to the characteristics of the product.

Tariff Amendments
On July 12, the South African Revenue Service (Sars) informed of the substitution of rebate item 311.40/5208.4/01.05 to include boxer shorts, classifiable in tariff headings 62.07 and 62.08, as part of the manufactured products. Other tariff amendments the organisation announced are the insertion of tariff subheading 8708.50.30 to reduce the ‘general’ rate of customs duty on CV joints from 20% ad valorem to free of duty, the deletion of tariff subheading 7317.00.10 and the insertion of tariff subheading 7317.00.02, 7317.00.04 and 7317.00.06 to increase the ‘general’ rate of customs duty on wire nail from 5% ad valorem to 15% ad valorem and the insertion of rebate item 315.03/7616.99/01.06 to provide for aluminium slugs for impact extrusion used in the manufacture of aerosol cans.

Rule Amendment
On July 11, an amendment to the rules of the Customs and Excise Act was published. This entails new provisions for the enablement of efiling for excise duty, fuel levy, Road Accident Fund levy and environmental levy accounts.

Illuminating Kerosene Draft Rules
Comments are due by August 5 in respect of the proposed substitution of paragraph (f) in the Additional Note 1 to Chapter 27 relating to the requirements for illuminating kerosene. The substitution reads: “(f) ‘illuminating kerosene’, being products intended for use, advertised for use, put for use or otherwise marketed or disposed or disposed of for use as fuel illuminating or heating distillation: Final boiling point not exceeding 280 ºC, flash point (IP170): minimum 38 ºC, smoke point: minimum 23 mm.”

Trade Remedies Due to Expire
The International Trade Administration Commission of South Africa (Itac) has informed that, unless a duly substantiated request is made by or on behalf of the Southern African Customs Union (Sacu) industry indicating that the expiry of the trade remedy duty would likely lead to the continuation or recurrence of dumping, subsidise exports or injury, the following trade remedy duties will expire: • antidumping duties imposed on wire ropes, classifiable in tariff subheading 7312.10, imported from or originating in China, Germany, the Republic of Korea (South Korea) and the UK, which are due to expire on February 12, 2014; • antidumping duties imposed on gypsum plasterboard, classifiable in tariff sub- heading 6809.11, imported from or originating in Indonesia and Thailand, which are due to expire on March 5, 2014; • antidumping duties imposed on stain- less-steel sinks classifiable in tariff subheading 7324.10, imported from or originating in Malaysia and China, which are due to expire in November 2014; and • a countervailing (antisubsidy) duty imposed on wire ropes, classifiable in tariff subheading 7312.10, imported from India, which is due to expire on February 12, 2014.

Sacu manufacturers who wish to submit a request for the trade remedy duties to be reviewed prior to the expiry thereof should do so by no later than the close of business on July 29.