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South Africa - International Franchise Association

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transaction value approximates the value of identical or similar goods imported at or<br />

about the same time.<br />

Dutiable weight for the assessment of specific duties is the legal weight of merchandise,<br />

plus the weight of the immediate container in which the product is sold, unless specified<br />

otherwise in the tariff.<br />

The value-added tax (VAT) is 14 percent. VAT is payable on nearly all imports.<br />

However, goods imported for use in manufacturing or resale by registered trades may be<br />

exempt from VAT.<br />

Specific excise duties are levied on tobacco, tobacco products, and petroleum products.<br />

Duties on alcoholic beverages are set at fixed percentages of the retail prices.<br />

Ad valorem excise duties are levied on a range of “up market” consumer goods. The<br />

statutory rate is currently ten percent (except for most office machinery, as well as<br />

motorcycles, that attract duty of five percent).<br />

Various provisions for rebate of duty exist for specific materials used in domestic<br />

manufacturing.<br />

The importer must consult the relevant schedules to the Customs and Excise Act to<br />

determine whether the potential imports are eligible for rebate duty. Information can be<br />

found on the <strong>International</strong> Trade Administration Commission of <strong>South</strong> <strong>Africa</strong>’s website at:<br />

www.itac.org.za<br />

Trade Barriers Return to top<br />

U.S. companies have cited protective tariffs as a barrier to trade in <strong>South</strong> <strong>Africa</strong>. Other<br />

barriers to trade often cited include port congestion, technical standards, customs<br />

valuation above invoice prices, theft of goods, import permits, antidumping measures,<br />

IPR crime, an inefficient bureaucracy, and excessive regulation.<br />

For additional information on trade barriers for the <strong>South</strong>ern <strong>Africa</strong> Customs Union that<br />

includes <strong>South</strong> <strong>Africa</strong>, please see the National Trade Estimate Report on Foreign Trade<br />

Barriers published by the Office of the U.S. Trade Representative at:<br />

http://www.ustr.gov/Document_Library/Reports_Publications/Section_Index.html<br />

In a 2008 ruling, the <strong>South</strong> <strong>Africa</strong>n Supreme Court of Appeal upheld rulings by the<br />

Competition Tribunal in favor of local soda ash producers and against the American<br />

Natural Soda Ash Company (ANSAC). According to the court ruling, ANSAC admitted<br />

that its membership agreement eliminates price competition between its members in<br />

export sales to <strong>South</strong> <strong>Africa</strong>. ANSAC has agreed to pay an administrative penalty and<br />

cease exports to <strong>South</strong> <strong>Africa</strong>. The agreement does, however, allow the constituent<br />

members of ANSAC to continue trading in <strong>South</strong> <strong>Africa</strong>. While the penalty and market<br />

size is negligible for ANSAC, this may constitute a possible international precedent in<br />

relation to price fixing. <strong>South</strong> <strong>Africa</strong> is the only developing country that has effectively<br />

prohibited ANSAC.<br />

The <strong>International</strong> Trade Administration Commission (ITAC) is tasked with administering

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