| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-001-027 |
2.2. Arbitrary customs classification |
2021-07-26 |
Madagascar: Toamasina Port à gestion autonome ( sea port) |
|
Resolved
2021-10-04 |
View |
|
Complaint:
|
Dear All,
Shipment of 3 Shipment Ex port-Louis - Toamasina
B/L 912715161 (3 isotanks) et 912706516 (2 isotanks) ETD Port-Louis 21/7/2021 ETA Toamasina 26/7/2021
B/L 912756116 31/07/2021 ETD 31/07/2021 ETA Toamasina 05/08/2021
For B/L 912715161 et 912706516- After all the proper import procedures were made. Goods were delivered to our client premises. Customs requested for another product testing and a minutes was signed between customs and my client (Sama)
FYI, kindly note that for all product of this kind a product sample is provided to the ministry of health for a certificate of conformity. Same was received for both shipments.
Despite all the export and import procedures were followed scrupuciously and in good faith. To-date our client has not received any notification regarding the product testing and its results. The goods are in our client premises but cannot be used as long as clearance is not obtained from customs. All the queries made by our client to the customs has been unfruitful.
B/L 912756116 - Those isotanks are blocked in the port. No clearance will be received as long previous shipment has not received clearance form customs. All the storages incurred will be on the behalf of our client.
This situation is severely jeopardising our client activities given they are almost out of stock. On our side, we have not received any payment from our client given that there is no visibility about this customs issue.
We hope the above will help and remain at your disposal for any further info you may require.
Very best regards
JEAN FRANCOIS DESVEAUX
MANAGING DIRECTOR
Ground Floor2
Hi Tech Center
Coastal Road
Pointe Aux Sables
Mauritius
Office: +230 235 02 69
Mobile:+230 5 254 70 20
E-mail: jeanfrancoisd@skvaint.com
Website: www.skvaint.com
|
|
|
Resolution status note:
|
The Malagasy Customs Attache based in Mauritius facilitated the exchange of information with the Malagasy Customs and the issue was resolved. All containers have been cleared as confirmed by the exporter on 4th October 2021. The issue is resolved. |
|
|
Products:
|
3808.94.9: --- Other: |
|
|
NTB-000-038 |
2.3. Issues related to the rules of origin |
2008-12-22 |
Malawi: Malawi Revenue Authority |
Kenya |
Resolved
2011-07-28 |
View |
|
Complaint:
|
Kenya complained that Malawian Government require submission of Form 18 along with COMESA Certificate of Origin. On Form 18, exporter has to justify that value addition amounts to 51% contrary to the COMESA value addition requirement of 35%. |
|
|
Resolution status note:
|
At their meeting eld on 29 August 2011, Kenya NMC reported that Kenya is no longer encountering this problem and are therefore happy to get it considered resolved. |
|
|
NTB-000-052 |
2.7. International taxes and charges levied on imports and other tariff measures
Policy/Regulatory |
2008-12-22 |
Malawi: Malawi Revenue Authority |
Kenya |
Resolved
2012-05-30 |
View |
|
Complaint:
|
25% excise duty on edible oils
Kenya complained that Malawian Government charge 25% excise duty on imports of edible oils. |
|
|
Resolution status note:
|
At the NTBs SMS launch meeting hel on 09 April 2013, Malawi reported that this issue had been resolved and confirmed that Malawi chrges a duty of 20 percent which is is applied to both local and imported commodities hence its non discriminatory, therefore not an NTB. |
|
|
Products:
|
1511.90: Palm oil and its fractions, whether or not refined (excl. chemically modified and crude) |
|
|
NTB-000-052 |
2.7. International taxes and charges levied on imports and other tariff measures
Policy/Regulatory |
2008-12-22 |
Malawi: Malawi Revenue Authority |
Kenya |
Resolved
2012-05-30 |
View |
|
Complaint:
|
25% excise duty on edible oils
Kenya complained that Malawian Government charge 25% excise duty on imports of edible oils. |
|
|
Resolution status note:
|
Malawi reported that the excise tax was non- discriminatory |
|
|
Products:
|
1511.90: Palm oil and its fractions, whether or not refined (excl. chemically modified and crude) |
|
|
NTB-000-051 |
2.7. International taxes and charges levied on imports and other tariff measures |
2004-12-22 |
Malawi: Malawi Revenue Authority |
Kenya |
Resolved
2011-07-28 |
View |
|
Complaint:
|
25% excise duty on laundry soap.
Kenya complained that Malawian Government charge 25% excise duty on imports of laundry soap. |
|
|
Resolution status note:
|
At their meeting held on 29 August 2011, Kenya NMC reported that consultations had taken place between the Ministers of Trade of the two coutries which resolved the matter. |
|
|
Products:
|
3401.11: Soap and organic surface-active products and preparations, in the form of bars, cakes, moulded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent, for toilet use, incl. medicated products |
|
|
NTB-000-172 |
2.8. Lengthy and costly customs clearance procedures |
2009-07-27 |
Malawi: Dedza |
Malawi |
Resolved
2016-08-24 |
View |
|
Complaint:
|
cumbersome and bureaucratic delays encountered in the processing of documentation and clearing of goods at the border posts. |
|
|
Resolution status note:
|
Malawi reported that she had established trade facilitation tools e.g. Development of OSBPs with Zambia,( Muchinji/Mwami) and Tanzania. Draft agreements have been Mozambique and Malawi were now awaiting Official signing at Ministerial level. Malawi has also developed a one stop Malawi Trade portal with all legal regulations and procedures for all institutions in Malawi that deal with trade in goods. All trade and business related forms and procedures for the respective institutions can be dowloaded from the trade portal. |
|
|
NTB-000-105 |
2.7. International taxes and charges levied on imports and other tariff measures
Policy/Regulatory |
2009-07-26 |
Malawi: Malawi Revenue Authority |
South Africa |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Malawi imposed 20%surcharge on all imports of chicken and eggs. |
|
|
Resolution status note:
|
At the 3rd meeting the Tripartite NTBs Focal Points and NMC Chairs, Malawi reported that they are still charging the 20% excise duty as indicated by the complainant. They indicated that this is in their regulation and there are no indications that the situation might change soon. South Africa pointed out that this is a NTB and Malawi should endeavour to remove it. SA also requested Malawi to upload the regulation on the NTB website as a comment to this complaint, and post the relevant regulation on the website under “notifications”. It was therefore resolved that this NTB be transferred to the section for Resolved NTBs of regulatory nature for further consideration since no action can be taken immediately. |
|
|
NTB-000-116 |
8.7. Costly Road user charges /fees |
2009-07-26 |
Malawi: Ministry of Transport |
South Africa |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Malawi charges very high road leivies |
|
|
Resolution status note:
|
At the 3rd meeting the Tripartite NTBs Focal Points and NMC Chairs,Malawi reported that it was difficult to get further information from the complainant as this was uploaded before the online system allowed complainants to provide their contact details. However, Malawi would consult with the Ministry of Transport to gather all the transport related charges and upload them on the NTB website, for transparency. It was resolved that this NTB could not be processed for now until such time South Africa provides adequate information on the complaint. In the meantime, the NTB would be considered resolved, until the agreed information is made available. South Africa requested that the NTB be transffered to the section for resolved NTBs of policy and regulatory nature since the regulations are in place in Malawi. |
|
|
NTB-000-167 |
7.9. Inadequate trade related infrastructure |
2009-07-27 |
Malawi: Malawi Revenue Authority |
Malawi |
Resolved
2010-07-22 |
View |
|
Complaint:
|
Border delays including irregular border hours |
|
|
Resolution status note:
|
Malawi reported that border operating hours are now harmonized and synchronized across borders in Malawi. Malawi now moving to 24hrs. |
|
|
NTB-000-174 |
1.1. Export subsidies
A82: Testing requirement |
2009-07-27 |
Malawi: Malawi Revenue Authority |
Malawi |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Time taken to test products varies between five days for meat and poultry to ten days for batteries. The time factor and discretionary use of these services at the borders has lead to delays in the distribution. |
|
|
Resolution status note:
|
At the 3rd meeting the Tripartite NTBs Focal Points and NMC Chairs held in Dar -es-Salaam on 19-20 April 2012, Malawi reported that the delays could be attributed to the practice of some importers who do not obtain prior certification of products before importing. For importation of meat products, SPS certification has to be obtained from Ministry of Agriculture before importing to avoid delays at the border. The same applies to importation of batteries. Import permit must be obtained from ministry of Trade before importation. The meeting accepted Malawi’s submission to have this NTB resolved. |
|
|
NTB-000-182 |
5.1. Quantitative restrictions |
2009-07-27 |
Malawi: Ministry of Trade |
Zimbabwe |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Restriction on importation of tobacco leaf from SADC countries |
|
|
Resolution status note:
|
At the 3rd meeting the Tripartite NTBs Focal Points and NMC Chairs held in Dar -es-Salaam on 19-20 April 2012, Malawi submitted that importation of tobacco was not restricted. As a matter of fact Malawi imports tobacco from Tanzania Zambia for processing at Malawi companies. The tobacco is re-exported after processing. The meeting was also informed that the companies buying tobacco in the region are the same. |
|
|
NTB-000-183 |
5.12. Export restraint arrangements |
2009-07-27 |
Malawi: Ministry of Trade |
Malawi |
Resolved
2010-07-22 |
View |
|
Complaint:
|
Export restraint on Unmanufactured tobacco |
|
|
Resolution status note:
|
This is no longer obtaining |
|
|
NTB-000-100 |
1.3. State subsidies, procurement, trading, state ownership |
2009-07-26 |
Malawi: Ministry of Trade |
South Africa |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Malawi practices state trading for tea, basic commodities, and tobacco |
|
|
Resolution status note:
|
Malawi reported that the economy was liberalized in the late 1980s. Government only enforces regulation and legislation to facilitate smooth market operations. |
|
|
NTB-000-139 |
5.1. Quantitative restrictions |
2009-07-27 |
Malawi: Ministry of Trade |
South Africa |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Malawi controls quantities of imported wheat |
|
|
Resolution status note:
|
Malawi reported that there is no quantitative control of wheat |
|
|
NTB-000-140 |
5.1. Quantitative restrictions |
2009-07-27 |
Malawi: Ministry of Trade |
South Africa |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Malawi controls quantities of imports of wheat products |
|
|
Resolution status note:
|
Malawi reported that there is no quantitative control of wheat products |
|
|
NTB-000-169 |
2.10. Inadequate or unreasonable customs procedures and charges |
2009-07-27 |
Malawi: Malawi Revenue Authority |
Malawi |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Preshipment Inspection requirement for all imports over the value of US$2000 |
|
|
Resolution status note:
|
Malawi reported that Pre Shipment Inspection programme was phased out in 2007 |
|
|
NTB-000-170 |
2.3. Issues related to the rules of origin |
2009-07-27 |
Malawi: Malawi Revenue Authority |
Malawi |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Delays in the issuance of rules of origin certificates |
|
|
Resolution status note:
|
Malawi reported that the NTB was been resolved Internally |
|
|
NTB-000-037 |
2.8. Lengthy and costly customs clearance procedures |
2008-05-29 |
Malawi: Malawi Revenue Authority |
Zimbabwe |
Resolved
2011-05-25 |
View |
|
Complaint:
|
Zimbabwe complained that the Malawian authorities require a Pre-Shipment Inspection on all goods. |
|
|
Resolution status note:
|
Malawi reportd that Preshipment Inspection was phased out in 2007. |
|
|
NTB-000-173 |
5.1. Quantitative restrictions |
2009-07-27 |
Malawi: Ministry of Trade |
Malawi |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Restriction on importation of Kitchen and table salt |
|
|
Resolution status note:
|
Malawi reported that there is no restriction but salt is licensed to ensure only iodised kitchen and table salt is imported |
|
|
NTB-000-176 |
5.1. Quantitative restrictions |
2009-07-27 |
Malawi: Ministry of Trade |
Malawi |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Restriction on importation of poultry, including day old chicks |
|
|
Resolution status note:
|
Malawi reported that there is no restriction but licensing measures were introduced when there was an outbreak of bird flu disease |
|
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