| Complaint number |
NTB Type
Check allUncheck all |
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
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NTB-000-428 |
2.3. Issues related to the rules of origin |
2011-08-01 |
Tanzania: Mbeya |
Kenya |
Resolved 2013-10-17 |
View |
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Complaint:
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EXPORT OF PLASTIC FROM KENYA TO TANZANIA ARE SUBJECTED TO 25% DUTY |
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Resolution status note:
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At the 12th Regional Forum on NTBs held from 14th – 17th, October 2013, at EAC Headquarters, Arusha, Tanzania, the EAC secretariat reported that a report of the verification mission was considered by the meeting of SCTIFI following which , letters were sent out to Partner States and revenue authorities informing them that plastic products are supposed to benefit from preferential treatment. |
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Products:
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3905.21: Vinyl acetate copolymers, in aqueous dispersion |
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NTB-000-430 |
2.3. Issues related to the rules of origin |
2011-08-23 |
Tanzania: Lungalunga |
Kenya |
Resolved 2013-10-17 |
View |
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Complaint:
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plastic bags doubted as to the rule of origin despite the existence of rule of origin certificate |
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Resolution status note:
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At the 12th Regional Forum on NTBs held from 14th – 17th, October 2013, at EAC Headquarters, Arusha, Tanzania, the EAC secretariat reported that a report of the verification mission was considered by the meeting of SCTIFI following which , letters were sent out to Partner States and revenue authorities informing them that plastic products are supposed to benefit from preferential treatment. |
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NTB-000-431 |
2.3. Issues related to the rules of origin |
2010-08-31 |
Tanzania: Namanga |
Kenya |
Resolved 2013-04-10 |
View |
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Complaint:
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Tanzania is charging 25 percent duty on Kenya exports of self adhesive tapes despite the fact having EAC certificate of origin |
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Resolution status note:
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At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool held from 9-10 April 2013 in Lusaka, Zambia, Tanzania reported that a verification mission to authenticate whether the products conform to the Rules of Origin was undertaken and the NTB had been resolved. |
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Products:
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3919.10: Self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, in rolls <= 20 cm wide |
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NTB-000-434 |
2.3. Issues related to the rules of origin |
2010-04-15 |
Madagascar: Customs |
Mauritius |
Resolved 2015-12-16 |
View |
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Complaint:
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Madagascar does not confer originating status to Citron Plus soap manufactured by Mauritius and exported to Madagascar |
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Resolution status note:
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The two parties agreed that the issue does not constitute an NTB because the soap exported by Mauritius to Madagascar enters duty free therefore its not a NTB. This matter is therefore resolved . Madagascar requested the Secretariat to organise . Mauritius confirmed that Exports are no longer subjects to verification on RoO. |
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Products:
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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 |
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NTB-000-432 |
2.3. Issues related to the rules of origin |
2010-09-01 |
Zimbabwe: Beitbridge |
Eswatini |
Resolved 2016-03-24 |
View |
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Complaint:
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Zimbabwe Revenue Authority (ZIMRA) is charging duty on of fridges and freezers manufactured in Swaziland and exported into Zimbabwe under the FTA preferential trade regime querying the originating status. |
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Resolution status note:
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On 24th March 2016, Zimbabwe Focl Point reported that a joint verification mission on the Palfridge case was carried out during the period 19 to 21 January 2016 in Swaziland between the Swaziland Revenue Authority (SRA) and the Zimbabwe Revenue Authority (ZIMRA). In attendance was the COMESA Secretariat and representatives from the Ministries responsible for Trade from the two countries. After deliberations and tests carried out SRA and ZIMRA agreed that he fridges and freezers are listed as goods of economic importance to Swaziland and should acquire a minimum value addition of 25% for them to qualify under COMESA preferential treatment. The freezers and fridges qualify as originating from Swaziland under COMESA as they acquired a minimum value addition of 25% should therefore be accorded preferential treatment when imported into Zimbabwe |
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Products:
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8418.50: Furniture "chests, cabinets, display counters, show-cases and the like" for storage and display, incorporating refrigerating or freezing equipment (excl. combined refrigerator-freezers with separate external doors, household refrigerators and freezers of |
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NTB-000-434 |
2.3. Issues related to the rules of origin |
2010-04-15 |
Madagascar: Customs |
Mauritius |
Resolved 2015-12-16 |
View |
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Complaint:
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Madagascar does not confer originating status to Citron Plus soap manufactured by Mauritius and exported to Madagascar |
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Resolution status note:
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During the COMESA NTBs Focal Points meeting held in August 2016, Madagascar and Mauritius informed the meeting that this NTB had been resolved in line with the decision of the 28th COMESA Council of Ministers |
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Products:
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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 |
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NTB-000-434 |
2.3. Issues related to the rules of origin |
2010-04-15 |
Madagascar: Customs |
Mauritius |
Resolved 2015-12-16 |
View |
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Complaint:
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Madagascar does not confer originating status to Citron Plus soap manufactured by Mauritius and exported to Madagascar |
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Resolution status note:
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During the 27th COMESA TC Committee in August 2011, the COMESA Secretariat was directed to liaise with Madagascar to implement the Council decision taken at its 29th Meeting in Lusaka to provide justification for refusing the COMESA Certificate. Currently, Mopirove is exporting without difficulty . However an official decision is yet to be communicated to mauritius to avoid the risk that Madagascar Customs can refuse the COMESA Certificate of Origin from Mauritius |
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Products:
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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 |
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NTB-000-473 |
2.3. Issues related to the rules of origin |
2011-11-05 |
Uganda: Malaba |
Rwanda |
Resolved 2013-04-10 |
View |
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Complaint:
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Certificates of origin are not provided at the borders between Rwanda and Uganda and cross border traders are obliged to collect them from Kampala for goods exceeding 500 US$. The long distance to Kampala is time consuming and additional cost to doing business. |
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Resolution status note:
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At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool held from 9-10 April 2013 in Lusaka, Zambia, Uganda reported that Certificates are issued at the border so this NTB has been resolved. Rwanda intervened that it is only simplified certificate of origin for small scale traders that are available at the border but that for large scale traders has to be obtained from Kampala. Uganda undertook to confirm on whether Certificates of origin for large scale traders are available at the border. |
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NTB-000-490 |
2.3. Issues related to the rules of origin |
2012-01-12 |
Tanzania: It happened at Rusumo border post |
Rwanda |
Resolved 2012-04-26 |
View |
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Complaint:
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The simplified trade regime to enhance cross border trade is not implemented since the simplified certificate of origin is not used. For the certificate of origin to be accepted, each country has to provide a list of products that regularly cross the border. Rwanda Revenue Authority on 16th September 2011, send a request to Tanzania asking for the list of common traded goods at our borders but did not receive a response. |
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Resolution status note:
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At the 3rd meeting the Tripartite NTBs Focal Points and NMC Chairs held in Dar -es-Salaam on 19-20 April 2012,Tanzania reported that it launched the simplified trade regime at Rusumo border in March 2012. Tanzania has inaugurated and exchanged the list with Rwanda and the rate is no longer US$500 but US$2000 as from 16 March, 2012 |
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NTB-000-494 |
2.3. Issues related to the rules of origin |
2012-04-17 |
Tanzania: Namanga |
Kenya |
Resolved 2013-04-10 |
View |
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Complaint:
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Furniture International Ltd had reported in 5th April that locally manufactured furniture in Kenya with an EAC certificate of origin have been stuck in Namanga borders for more than two weeks that means in mid March. The company ended up paying full duties and incurred a loss of more than US$ 3,000. Three is need for mutual recognition between TRA and KRA in regard to certificates of origin since for example the case cited goods were clearly marked made in Kenya. |
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Resolution status note:
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At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool held from 9-10 April 2013 in Lusaka, Zambia, Tanzania reported that this was a once off incident which has been corrected. |
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NTB-000-507 |
2.3. Issues related to the rules of origin |
2012-03-14 |
EAC |
Kenya |
Resolved 2014-12-11 |
View |
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Complaint:
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Lack of recognition of CTH criteria in the EAC Rules of Origin for motor vehicles by Tanzania, Uganda and Rwanda |
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Resolution status note:
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At the 16th NTBs forum held in Kigali in December 2014, EAC Secretariat reported that Partner States are now recognizing EAC rules of origin. This NTB is therefore resolved. |
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NTB-000-509 |
2.3. Issues related to the rules of origin |
2012-03-14 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved 2012-05-21 |
View |
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Complaint:
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Lack of availability of EAC simplified certificate of origin issued by Tanzania |
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Resolution status note:
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On 21 may 2012, Tanzania reporterd that, the Simplified Certificates of Origin had been posted to all TRA regional managers, district managers and officer in charge of all border stations as at Friday 18th May, 2012. |
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NTB-000-510 |
2.3. Issues related to the rules of origin |
2012-03-14 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved 2012-05-15 |
View |
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Complaint:
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Cigarettes manufactured in Kenya exported to Tanzania required to have a local 75% tobacco content. |
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Resolution status note:
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During the EAC Dedicated meeting on Non tariff Barriers held in Mombasa on 14th March 2012, Tanzania reported that the requirement for 75% local content for BAT cigarrets had been abolished and therefore the NTB is resolved. |
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NTB-000-521 |
2.3. Issues related to the rules of origin |
2012-06-20 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved 2013-04-10 |
View |
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Complaint:
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TRA rejects EAC certificates of origin . Tanzania Revenue Authority imposes a duty of 25% of EABL products exported to its subsidiary Serengeti breweries limited in Tanzania |
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Resolution status note:
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At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool held from 9-10 April 2013 in Lusaka, Zambia, Tanzania reported that certificates of origin are now issued for all EAC products both ion the STR and normal exports. |
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NTB-000-522 |
2.3. Issues related to the rules of origin |
2012-06-20 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved 2013-04-10 |
View |
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Complaint:
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Non recognition of EAC certificate of origin by Tanzania Revenue Athority for furniture products manufactured in Kenya |
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Resolution status note:
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At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool held from 9-10 April 2013 in Lusaka, Zambia, Tanzania reported that this was a one off incidence which had been resolved. |
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NTB-000-544 |
2.3. Issues related to the rules of origin |
2012-06-01 |
Zimbabwe: Chirundu |
Zimbabwe |
Resolved 2013-06-13 |
View |
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Complaint:
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Customs Manager Churundu, Zimbabwe, he is not giving Value to STR Simplified Trade Regime under Comesa, all congnments with a $1000 value, though it is the value threshold he is revaluing the goods in order to exceed $1000 so that the trader will will not have the benefit of not paying duty, thereby confusing traders and prejudicing them of their priviledges and rights given to then by the gorvnment of not paying duty if they buy products on the List of Eligible products |
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Resolution status note:
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On 1st June 2013, ZImbabwe Revenue Authority explained that the price paid or payable which is the transaction value is normally used to arrive at the value for duty purposes. For STR consignments where the transport and insurance has not been proved the value will be uplifted by 6% as the value for duty purposes in Zimbabwe is on a Cost, Insurance and Freight Basis.There is never an intention by Chirundu or any ZIMRA Office to deny importers their right to clear goods under STR where the goods are properly declared. Where the goods are not properly declared the offices may be forced to resort to revaluation. It should borne in mind that value of goods under STR are generally predictable as the suppliers are few, known and their range of prices can be common.
Zimbabwe Revenue Authority further observed that, this complaint is too general and is not pointing to a particular incident. Should they have a specific query, the complainant is encouraged to make a write up to the Commissioner General of the Zimbabwe Revenue Authority so that investigations are carried out and the query responded to. In the spirit of transparency the complainant is also advised to raise any issues with the Regional Manager responsible for Chirundu who is based at Kurima House in Harare.
In the absence of specific reference to affected product or incidence, this complaint will be considered resolved on the basis of the explanations above. |
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NTB-000-558 |
2.3. Issues related to the rules of origin |
2012-10-06 |
Zimbabwe: Beitbridge |
Zimbabwe |
Resolved 2013-08-07 |
View |
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Complaint:
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My company was importing a pallet of various alcoholic beverages. The consignment was accompanied by the required SADC origin papers from the manufacturer in South Africa. When the pallet was searched officers found, on the label of one of the products, bottled in south, produce of mexico. Upon seeing this the officers immediately seized the tequila, along with some South African made whiskey. Firstly this is in contravention to the SADC protocols of trade, whereby- Rule 9 of the protocols of trade, sections 3 and 4-
3. The competent authority designated by an importing Member State may in exceptional circumstances and notwithstanding the presentation of a certificate issued in accordance with the provisions of this Rule, require, in case of doubt, further verification of the statement contained in the certificate. Member States, through their competent authorities, shall assist each other in this process. Such further verification should be made within three months of the request being made by a competent authority designated by the importing Member State. The form used for this purpose shall be that contained in Appendix IV to this Annex.
4.The importing Member State shall not prevent the importer from taking delivery of goods solely on the grounds that it requires further evidence, but may require security for any duty or other charge which may be payable: provided that where goods are subject to any prohibitions, the conditions for delivery under security shall not apply.
This section clearly states the rules and procedures to be followed when there is a query on the legitimacy of the origin of a product. The Zimbabwean border officials ignored these and seized the goods.
Upon seizure we were given the opportunity to appeal the seizure and prove the origin of the goods.
We did this and the Station Manager at Beitbridge completely ignored all of the evidence we sent him. We have documentation from the manufacturer, proving the origin of the goods, further we gave them the contacts of various people in the South African Tax Department to verify their claims. All of this was summarily ignored and we were issued a notice to pay the duties due for a non-sadc product, and a fine. Together this figure amounts to almost double the value of the products. We have since appealed to the ZIMRA Commissioner General to have the fines and duties repealed and the products released, and are awaiting reply. |
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Resolution status note:
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SADC Secretariat, in consultation with Zimbabwe Revenue Authority recommended that the NTB be considered resolved and that the importer be educated about issues of origin within the context of a Free Trade Area. ZIMRA reported that seizure of the consignment was done in terms of Section 193 (1) of the Zimbabwe Customs and Excise Act (Chapter 23:02) which reads "Subject to subsection (3), an officer may seize any goods, ship, aircraft or vehicle (hereinafter in this section referred to as articles) which he has reasonable grounds for believing are liable to seizure". In this case the origin of the goods was incorrect. |
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Products:
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2208.30: Whiskies and 2208.70: Liqueurs and cordials |
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NTB-000-644 |
2.3. Issues related to the rules of origin |
2014-11-16 |
Rwanda: Rwanda Customs Authority
and also in
Majerwa |
Egypt |
Resolved 2016-08-24 |
View |
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Complaint:
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We are importing Wheat flour from Egypt from one of the Biggest Flour mill and factory in Egypt. We have original Certificate of Origin and Comesa certificate. But they do not accept and put us import Duty. Before it is 100% Duty free. But now since september they are not accepting it. Egypt is part of Comesa and Good produced in Egypt and 100% Duty free. So why is wheat flour not accepted. Please help |
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Resolution status note:
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During the 5th meeting of COMESA NTBs Focal Points, the two parties reported that the certificate of origin was now being recognised and therefore the NTB had been resolved. |
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Products:
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1101: Wheat or meslin flour. |
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NTB-000-654 |
2.3. Issues related to the rules of origin |
2014-12-11 |
Uganda: Mutukula |
Tanzania |
Resolved 2015-12-15 |
View |
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Complaint:
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Rwanda and Uganda have not accorded preferential treatment on exports of rice from Tanzania through Rusumo and Mutukula borders respectively. |
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Resolution status note:
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On 21st December 2015, Uganda Focal Point reported that Uganda was now according preferential treatment for rice originating from Tanzania. This NTBis therefore resolved |
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NTB-000-678 |
2.3. Issues related to the rules of origin Policy/Regulatory |
2011-08-25 |
Egypt: Egyptian Customs Authority - Ministry of Finance |
Kenya |
Resolved 2016-02-08 |
View |
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Complaint:
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Non acceptance of COMESA certificates of origin on mill white sugar, LG Electronics (TV sets) originating from Kenya |
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Resolution status note:
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On 8th February 2016 , Focal Point for Egypt reported that the NTB be considered resolved on the basis of a recommendation from a joint visit on the spot verification for Mill White Sugar and LG products (TV Sets) was undertaken that White sugar & LG Electronics (TV sets) qualify for preferential treatment according to COMESA protocol of ROO. |
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