The one thing in international trade that still astounds, but should not, is what is referred to in the military – yes, they have a term for it – as ‘hurry up and wait’.

If anything, the gallus domesticus (less elegantly known as chicken) saga exemplifies it. I will not bore you with all the details, for it might well become the topic of many an academic study. Who knows, someone might even be awarded a doctorate for their efforts (also read endurance).

You might recall a Government Gazette notice published on December 18, 2015, which dealt with the rebate provisions for the chicken import quota permits for the period April 1, 2016, to March 31, 2017. Well, on February 2, the Department of Agriculture, Forestry and Fisheries (DAFF) extended an invitation to interest parties to submit applications for a DAFF quota import permit in terms of Rebate Item 460.031/0207.14.91/01.07 for the rebate of the full antidumping duty on bone-in cuts of the species gallus domesticus, frozen, classifi- able under tariff subheading 0207.14.9, imported from or originating in the US. (This is a South Africa-specific tariff subheading, which means that it was created for use in the country, and you will not find it in use elsewhere in the world.)

As far as I know, this is the first time that South Africa, or the Southern African Customs Union (Sacu) for that matter, has provided for the rebate of an antidumping duty on an end (finished) product. Why? Well, the reason is South Africa’s desire to remain a beneficiary of the US’s Africa Growth and Opportunity Act (Agoa).

This reminds me of a gentleman who was at great pains to highlight his principles. He then concluded: “If you don’t like any of these, I have more.”

Back to the US – it felt prejudiced, well, since 1999, really, by the way chicken imports had been treated. So, the precedent has been set. South Africa’s trading partners, particularly the European Union and European Free Trade Area partners, might want to remember this.

Back to the notice – the invitation is for the DAFF import quota permits in terms of the following rebate provision, as prescribed in the Government Gazette notice of December 18, 2015, for the period April 1, 2016, to March 31, 2017. Applications are to be submitted in the format as set out in the application forms in that Government Gazette notice.

What follows is directly from the Government Gazette notice: “Completed application forms must be submitted to the DAFF during the following time periods: (a) For the first quarter of the quota year, valid for importation during the period April 1 to June 30, 2016 – within two weeks from the date of publication of this notice. (b) For the second quarter of the quota year, valid for importation during the period July 1 to 30 September, 2016 – from May 1 to 31, 2016. (c) For the third quarter of the quota year, valid for importation during the period October 1 to December 31, 2016 – from August 1 to 31, 2016. (d) For the fourth quarter of the quota year, valid for importation during the period January 1 to March 31, 2017 – from November 1 to 30, 2016.

“A total quota of 65 000 t is available for the quota period starting April 1, 2016, to March 31, 2017. The quota will be allocated on a quarterly basis in equal amounts of 16 250 t per quarter. The quota will be implemented by the creation of a rebate provision, which will come into force on the effective date. The rebate: A temporary rebate of the full antidumping duty on frozen meat of the species gallus domesticus, cut in pieces with bone in, classifiable in tariff subheading 0207.14.9 and imported from or originating in the US, in such quantities, at such times and subjected to such conditions as the International Trade Administration Commission of South Africa (Itac) may allow by specific permit on the recommendation of the director-general of the DAFF, provided that (a) with effect from April 1, 2016, permits may be issued by Itac for meat imported in terms of this rebate item; (b) from the date this rebate item comes into operation up to and including March 31, 2016, meat imported in terms of this rebate item shall be on a ‘first come, first served’ basis; (c) the meat, subject to the provisions of this rebate item, may not exceed a basic annual quota of 65 000 t; (d) the annual quota period is April 1 to March 31, 2016; (e) as from April 1, 2017, an annual growth factor as determined by the DAFF shall be applied to the basic quota mentioned in (c) above; (f) the meat imported in terms of this rebate item may not be removed outside [South Africa] for consumption in any of the BLNS (Botswana, Lesotho, Namibia and Swaziland) countries; (g) the permit is not transferable and may not be used to obtain meat to the benefit of any entity or person not named in the permit issued by Itac; (h) this rebate item shall be suspended if any benefits that South Africa enjoyed under Agoa as at November 1, 2015, are suspended, and shall remain suspended for as long as those benefits under Agoa remain suspended; and (i) this rebate item is suspended in terms of paragraph (i) as from the date the Minister of Trade and industry submits written confirmation to the Minister of Finance that South Africa’s benefits under Agoa have been suspended.”

Neither the quota nor the rebate provision will affect the payment of any other duties or taxes applicable to the importation of bone-in cuts nor the import requirements in terms of any applicable legislation.

Further, neither the quota nor the rebate provision may be used in any sunset or interim review of the antidumping duties or otherwise to support any argument that the antidumping duties should not be renewed, terminated, reduced or otherwise amended.

The Government Gazette notice also prescribes a fee of R820 per permit, payable for permits and replacement permits issued from April 1, 2016. All application forms should be accompanied by proof of payment in the form of a bank deposit slip or cashier receipt.

Hosaf’s Polyethylene Terephthalate Sunset Review
Comment on the initiation of a sunset review of the antidumping duties on polyethylene terephthalate (PET), in primary forms (excluding liquids and pastes), classifiable under tariff subheading 3907.60.9, originating in or imported from Chinese Taipei (Taiwan), South Korea and India, is due by March 7. (This is a South Africa-specific tariff subheading, which means that it was created for use in the country, and you will not find it in use elsewhere in the world.)

Draft Customs Control Act Rules
On January 21, the South African Revenue Service published the draft Customs Control Act, 2014, Rules, its second draft (clean draft, renumbered), the draft Customs Control Act, 2014, Rules, its second draft (track changes version, showing changes) and a comment sheet; comment is due by April 1.