Non-Tariff Barriers

Complaint

Complaint number

NTB-000-541  

NTB Type

2.7. International taxes and charges levied on imports and other tariff measures  

Complaint

On Monday 29 October I was crossing into South Africa from Mozambique. I was importing used shoes from Mozambique destined to Lesotho, however the customs officials from Lebombo border post on South African could not let my goods pass through and my goods were confiscated.

I was holding the reciept from the seller from Mozambique, the value of the goods was M2,857 (R2,857 or equivalent of 10, 000 Meticais). I was then told by the custom official at the border that I will have to pay R 9000 plus VAT which is not refundable according to the official. This value is way more than the value of the goods.
The other option was that I should hire currier service s very expensive, I was forced to use currier even though I had my own transport and to use an urgent. I was holding an import permit from my country Lesotho at the time however I was told to pay the R 9000 which is not refundable.  

Status note

On 13 November 2012, South Africa Focal Point reported that each of the SACU member state has its own import/export control regime. For South Africa, importation of used clothing and footwear for resale purposes is not allowed, except in specifically defined conditions. The conditions for used clothing are that, imports should be for the purpose of cutting up to manufacture industrial wiping rags in a customs rebate store. For used footwear, imports are only allowed if the shoes are donated to a registered charity for free distribution in terms of a customs rebate provision.
Given the above background, second hand clothing and footwear imports in transit through SA have to transit SA territory under special procedures: these goods need to be cleared in bond first, and then the goods need to be transported by an in-bond carrier to the country of destination (Lesotho in this case). For this reason the importer was told to use courier services. Such courier service would constitute an in-bond carrier. Such an in-bond remover must have sufficient security in place to cover the duty and VAT on these goods in bond; and this surety would be acquitted with the final clearance upon arrival in Lesotho. If the importer therefore did not comply with the in-bond transit measures, it would explain the duties charged.

During the 11th meeting of the SADC Sub -Committee on Trade Facilitation held on 23 May 2013 in Gaborone, Lesotho noted the response by South Africa and undertook to provide clarification upon consultation with the importer.  

Progress update note

On 13 November 2012, South Africa Focal Point reported that each of the SACU member state has its own import/export control regime. For South Africa, importation of used clothing and footwear for resale purposes is not allowed, except in specifically defined conditions. The conditions for used clothing are that, imports should be for the purpose of cutting up to manufacture industrial wiping rags in a customs rebate store. For used footwear, imports are only allowed if the shoes are donated to a registered charity for free distribution in terms of a customs rebate provision.
Given the above background, second hand clothing and footwear imports in transit through SA have to transit SA territory under special procedures: these goods need to be cleared in bond first, and then the goods need to be transported by an in-bond carrier to the country of destination (Lesotho in this case). For this reason the importer was told to use courier services. Such courier service would constitute an in-bond carrier. Such an in-bond remover must have sufficient security in place to cover the duty and VAT on these goods in bond; and this surety would be acquitted with the final clearance upon arrival in Lesotho. If the importer therefore did not comply with the in-bond transit measures, it would explain the duties charged.  

Policy or regulatory NTB

No 

Location

South Africa: Lebombo (Border post)  

Reporting Country or Region

Lesotho  

Country specific trade issue

No  

Date of incident

2012-10-29  

Status

Resolved  

Date of resolution

2013-05-23  

Product Description

Shoes

Computer-assisted translation

• English
• Arabic
• French
• Portuguese

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Total value

0  

Date reported

2012-11-07 16:09  

Modified

2013-06-10 17:51