Resolved complaints

Showing items 741 to 760 of 883
Complaint number NTB Type
Category 1. Government participation in trade & restrictive practices tolerated by governments
Category 2. Customs and administrative entry procedures
Category 5. Specific limitations
Category 6. Charges on imports
Category 7. Other procedural problems
Category 8. Transport, Clearing and Forwarding
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Status Actions
NTB-000-958 8.6. Vehicle standards 2020-05-20 Mozambique: Dondo Weigh Bridge -19.578854, 34.728999 Resolved
2022-10-20
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Complaint: The road block/weigh bridge at Dondo on the N6 approx 40km North West of Beira has been mentioned before on this portal as a non tariff trade barrier.

On 20th May 2020 our empty Zambian registered vehicle was stopped by said authorities and charged the equivalent of USD 300 (MT 20,000) for not having a sticker on the truck indicating the GVM and Tare. This is not the first time this has happened, the fines vary upwards from a USD 50 'warning'. Until now we have never been provided with any form of receipt.

According to Decree 1/2011 of 23 March The Road Traffic Code, Article 142 - Fine 1. Offences set out in thie Code for which no penalty has been set, are punishable by a fine of MT 500. This brings to question a fine of MT20,000.

Zambian Law does not require the GVM/Tare etc of the vehicle to be shown on the outside of the vehicle. As with all SADC nations, you are required to have a manufacturers plate indicating this and other information (refer VLM - MOU SADC - EAC - COmesa - Final - Feb 2017 page 27. Member states are bound to recognise the soveriegnty and legalty of a foreign states Certificate of Fitness and in such the fact that this sticker is not required on a Zambian vehicle should be respected.

The fine that was issued is not receipted on the proper document. Neither are these officials empowered to issue a fine as it has to be completed at a Police Station where an Official Receipt in issued on an A4 Sized Page.

Reference to the article/decree refered to 67/1 cannot be found (except that relevants to travel on level crossings) and has presumable been replaced by the Decree 1/2011 of 23 March The Road Traffic Code where no mention of this sticker is made.
 
Resolution status note: Mozambique reported that the notice of fine issued on the Dondo Bascula to the driver Mbewe Clevery, should not be dealt with under the Traffic Code, since in Mozambique, the lack of an indicative record of Gross Weight and Tare vehicle is provided for in article 67 of the Regulation for the Transport of Motor Vehicles and Trailers (RTVAR) and is sanctioned with a fine of MZM 10,000.00 and not MZM 20,000.00 as mentioned by the Traffic Agent who issued the fine. Fines for non-compliance with RTVAR rules are listed in Annex VII, pursuant to 1 of article 134.
In cases where there are irregularities in the drawing up of the infraction notice, paragraph 3 of article 134 of the RTVAR gives the driver the right to file a complaint with the National Institute of Land Transport (INATTER) within 15 (fifteen) days from the date of issue of notice. The complainant does not provide any proof of payment, which makes it uncertain whether he paid it or not.
Steps will be taken to improve oversight at this scale and across the Corridor. Contact telephone numbers will be available at weighbridges and checkpoints for clarification and complaints.
 
NTB-000-960 6.6. Border taxes 2020-06-05 Zimbabwe: Beitbridge Resolved
2022-10-20
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Complaint: Zimbabwe has promulgated a new legislation S.I 127 of 2020 which proposes to charge amounts up to USD300 per entry of Beit Border Border Customs Yard meant for payment of the border post modernization and upgrade project. This charge is over and above the Bridge Toll of USD23 per entry and the ZINARA road tolls fees. The proposed charges are just too high and unsustainable, thus we seek their immediate suspension to allow for stakeholder engagement for their input.  
Resolution status note: The relevant authorities in Zimbabwe submitted report as follows :
As a way of addressing challenges at Beitbridge Border Post Government made a decision to upgrade and modernise Beitbridge Border Post through a concession to Zimborders for a period of 17,5 years. Zimborders will invest US$296.7 million dollars into the project and will recoup their investment by collecting border user fees. This project will bring about the much sought efficiency at the border post by providing modern infrastructure and equipment such as terminal buildings, warehouses, weighbridges and scanners. There will also be automation of most processes and the introduction of a single window payment system bringing about convenience to transporters and the travelling public.

The financing model used in this project (Built Operate Transfer), is a universal mode of project financing which can be applied to projects that are bankable where users are expected to pay for the product or service used. In this case, it is Government’s view that the charges are fair relative to the amount invested and the efficiency brought about by the investment. Removing the fee is asking the country to default on the Concession Agreement. Defaulting on agreements leads to country reputational risk and reduction in credit worthiness.


The figure quoted of USD300 applies only for abnormal load vehicles. The fees are as follows.

Type of vehicle USD
Heavy vehicle 100,00
Goods vehicle 175,00
Abnormal (load) vehicle 300,00
Minibus 35,00
Coach 70,00
 
NTB-000-962 5.4. Quotas 2020-04-07 South Africa: International Trade Administration Commission of South Africa (ITAC) South African Revenue Services (SARS) Resolved
2020-11-26
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Complaint: Export permits were identified by participants as a major issue in South Africa but not an issue outside South Africa. To apply for an export permit, a company engaging in international trade concurrently applies for the export permit approval from the International Trade Administration Commission of South Africa (ITAC), Department of Trade, Industry and Competition (DTIC) and the National Department of Health (NDOH). Once approved by DTIC and NDOH, ITAC provides the exporter with a permit. Once the permit is issued by ITAC, the exporter will send the permit approval to South African Revenue Services (SARS) to issue a customs clearance for export to take place. However, one could have an ITAC permit and not have a SARS customs clearance. Without the SARS clearance, medicines will not be exported.

The issue of export permits is discussed in detail below:

1. Due to the COVID-19, South Africa restricted the export of pharmaceutical products to meet domestic demand. While the objective to meet domestic demand is noble, the challenge is that some medicines limited to export permits are unrelated to COVID-19.
2. Also, application forms keep changing even after engagements with stakeholders with the export products restricted under a single HS code.
3. Another challenge is that essential medicines that are exempt from export permits are subject to export permits. This violates SADC regional guidelines for harmonising and facilitating movement of critical goods and services across the region during the COVID-19
4. Products that are readily available locally are also subjected to export permits (the exception being countries in the Southern Africa Customs Union-SACU). This in turn restricts movement of lifesaving medicines to needy markets and affects company profitability.
5. Participants also highlighted frustration with the slow approval of permits (although it is improving) in South Africa by the International Trade Administration Committee (ITAC), South Africa’s Department of Trade and Industry which is received in a fragmented fashion, resulting in delays, thereby putting products at risk.
6. The above challenges on export permits in South Africa were confirmed by a participant from Mauritius. According to the participant, his company has been unable to order new stock from South Africa since March 2020. Their stock has been depleted due to delays in issuance of export permits by ITAC.
7. Lastly, participants also expressed their frustration with the slow processes by the SARS in processing customs clearance of export permits and noting that the requirements are changing on a regular basis without proper notice.
 
Resolution status note: Following a series of meetings organised by the SADC Business Council and subsequent follow-ups with the Department of Trade Industry and Competition (DTIC) in South Africa, the DTIC on 26 November 2020 amended the COVID-19 export control regulation issued in February 2020 which removed, with immediate effect, the restrictions on export of essential
medicines for SADC countries.
 
NTB-000-965 1.4. Preference given to domestic bidders/suppliers
Policy/Regulatory
2020-06-01 Kenya: Eldoret Storage KPC Rwanda Resolved
2022-06-14
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Complaint: The issue of Kenya Pipeline Company (KPC) requiring upfront payments or a guarantee cheque for storage of oil and after expiration of the grace period of 21 days they charge 2$ per cube meter (1000 liters) per day as a fine while in Tanzania the grace period goes up to 2months. Also, in order to be able to import products through KPC , a foreign registered company is required to have an agreement with a Kenya based company to bid for them in other to be part on the Open Tender System (OTS).  
Resolution status note: The Republic of Kenya informed the meeting that KPC does not require upfront payment or guarantee cheque for storage of oil. Therefore, the meeting agreed that Kenya sends written communication to the Republic of Rwanda through the EAC Secretariat by 13th May 2022.The meeting was informed that the Republic of Rwanda received the letter on 11th May 2022 through EAC Secretariat.The meeting, therefore, agreed to discuss operationalization modalities during Rwanda and Kenya JPC. The meeting agreed that the NTB was resolved.  
NTB-000-967 2.3. Issues related to the rules of origin 2020-01-01 Uganda: Uganda Revenue Authority Kenya Resolved
2020-11-24
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Complaint: Uganda denial of preferential market access for wheelbarrow wheels wholly manufactured by Kenrub LTD transferred into Uganda.
The wheelbarrow wheels have been verified by KRA and issued with the certifiate of origin but Uganda do not accept.
URA has not communicated officially to the manufacturer/buyer or KRA on the reasons for denial of preferential treatment.
 
Resolution status note: On 24th November 2020, the Secretariat Focal Point reported that Kenya submitted a report that they are satisfied with progress made to resolve this NTB and hence this NTB has been resolved.  
Products: 4012.19: Retreaded pneumatic tyres, of rubber (excl. of a kind used on motor cars, station wagons, racing cars, buses, lorries and aircraft)  
NTB-000-968 1.7. Discriminatory or flawed government procurement policies 2020-01-10 Tanzania: Government Chemists & Lab Allied (GLCA) Kenya Resolved
2020-09-01
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Complaint: Chemical Transport Permit for vehicles transporting Kenya’s carbon dioxide (food grade) is classified as a chemical in Tanzania (C02) The license to transport chemicals into Tanzania costs approx. US$ 2/mt. So for trucks which are usually approx. 20mt, are required to pay US$ 40 per truck. The license is issued by GCLA.  
Resolution status note: During the RMC meeting held on 1 September 2020 , the Secretariat advised that the East African Community Vehicle Load Control Act of 2016 Article 9 read together with the East African Community Vehicle Load Control (Special Loads) Regulations, 2018 Article 12 provides for special categories of vehicle loads that shall only be transported through the Regional Trunk Road Network if a special permit has been issued by the Minister of the relevant Partner State. Carbon dioxide is a chemical that is classified under the Industrial and consumer chemical (Management and Control) Act (pg 55) as hazardous loads and hence needs a special permit to be transported.
The small service fee charged is non-discriminatory and is provided for by Law. Therefore this is not an NTB and should be resolved.
 
NTB-000-969 1.4. Preference given to domestic bidders/suppliers 2020-06-11 Kenya Resolved
2020-08-10
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Complaint: Uganda denial of market Access of essential products of Kenya manufactured and exported handsanitizer by Unilever Kenya.
Uganda Drugs Authority through a letter has denied market access handsanitizer manufactured in Kenya by Unilever Kenya and exported into Uganda Unilever making trucks loaded with the products stranded. The products have been issued with certificates of origin.
 
Resolution status note: During the RMC meeting held on 10 August 2020, Uganda Focal Point reported that the NTB had been resolved .  
NTB-000-971 8.6. Vehicle standards 2020-07-14 Zambia: Halfway Patrol Zimbabwe Resolved
2021-03-17
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Complaint: We export to Zambia and use our own truck (an 8tonne truck with yellow plates)to dispatch the products. We have exported for 5 times without any incident. On the above mentioned date our driver got a fine apparently for "plying for hire and reward". We have been exporting to Botswana since 2016 and we have never come across such an incident.We are not into transport business therefore our truck is specifically for dispatching to our customers hence the Yellow plates. We have a PTA Carrier Licence.
Please assist us.
 
Resolution status note: The Focal Point contacted the exporter to provide further information on whether it was a one of or repeated challenge . Exporter has not provided feedback. RESOLVED DUE TO LACK OF EVIDENCE  
NTB-000-973 We are asked to pay 500mts to gain entry and exit to and from Mozambique (250 in/250 out) under the guise that the trucks need to be inspected. 2020-08-04 Mozambique: Delegação Aduaneira de Namaacha Eswatini Resolved
2021-07-09
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Complaint: Eswatini Company is asked to pay 500mts to gain entry and exit to and from Mozambique (250 in/250 out) under the guise that the trucks need to be inspected in line with Ministerial Diploma NO 18/2007 of February 9, which approves the table of various fees for Border Posts, effective from August 2, 2020. However inspection cargo is not done and therefore we are made to pay for services not rendered. Further , the drivers have t pay to get their passport stamped.
How do we dertermine the time the vehicles stays at the border if we are billed a hourly charge all documentation and taxes dues are paid in advance to try and speed the process up why does the driver need to pay to have his passport stamped on arrival and more strangely on exiting with an empty vehicle.
 
Resolution status note: Mozambique Focal Point reported that the inspection fee for motor vehicles at the Namaacha border was charged under Ministerial Diploma nº 18/2007, of 9 February. However, said fee was revoked by Ministerial Diploma nº 28/2021, of 30 April 2021  
Products: 3214.10: Glaziers' putty, grafting putty, resin cements, caulking compounds and other mastics; painters' fillings  
NTB-000-975 1.8. Import bans 2020-07-02 Kenya: Ministry of Agriculture,Livestock,fisheries and cooperatives Uganda Resolved
2021-03-18
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Complaint: Kenya banned importation of sugar ,brown sugar and raw cane from Uganda  
Resolution status note: During the NMC meeting that took place in March 2021, the meeting was informed that two bilateral meetings were held with Kenya to discuss among others the NTB on the importation of brown sugar, The Trade Ministers from both sides met and Kenya agreed that the issue will be resolved. Kenya agreed to undertake a verification mission to Uganda. The Mission has not yet taken place but there has been a commendable improvement in the area, where sugar has been allowed into Kenya.
The issue on raw cane was RESOLVED
 
NTB-000-972 7.5. Lengthy procedures 2020-07-24 Zimbabwe: Beitbridge Resolved
2021-07-29
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Complaint: There is usually a very long queue of north-bound trucks on the South African side of the border. This situation is very undesirable at it negatively affects trade facilitation along the north-south corridor and is a big concern in efforts to fight the covid-19 pandemic. These trucks are held up at the border due to some of the following reasons:

1) The Zimbabwe Revenue Authority Document Processing Centres (DPCs) are opening at 0800hrs and closing at 1500hrs. Outside this period trucks are still moving and documents are continuously lodged into the system by clearing agents. Processes that should be done in the Zimra system cannot be performed during this period. The border post is open for 24 hours and closure of the DPCs creates a bottleneck. Operating hours of the DPCs have been affected by the national curfew (0600hrs-1800hrs) that was recently introduced by Government to fight against the covid-19 pandemic.

2) Other customs processes such as cargo release (manual) procedures and query resolution are taking too much time to be done.

3) Due to the recent upward movement in the exchange rate, clearing agents sometimes do not have enough bond cover to move goods in transit. This has also resulted in truck movement delays. A proposal to have these bonds denominated in USD (in order to introduce stability in the system) has been made by the association to Zimra.

4) There are delays by Zimra in generating T1s which allow movement of transit cargo even in cases where bonds sufficiently cover the goods.

5) Of late Zimra did very well by opening a fast lane (green route) for some traffic but there has been no consistency in this process. The route is closed at times.

6) There are undesignated check-points within the border which humper movement of trucks.
 
Resolution status note: ZIMRA advised that this issue has been dealt with by the Ease of doing business task force, however In the interim as the lead agent will escalate the challenges to the responsible authorities of the respective other agencies making reference to the Ease of doing business resolutions and will monitor to ensure checkpoints as agreed in the Ease of doing business meetings are adhered to.  
NTB-000-974 7.2. Discrimination
Policy/Regulatory
2020-05-02 Kenya: Tanzania Resolved
2021-06-10
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Complaint: Kenya recently enacted the Business Law (Amendment) Act, 2020 which amended the Excise Duty Act, 2015 (the Excise Duty Act) by imposing excise duty on imported glass bottles (excluding glass bottles for packaging pharmaceutical products) at a rate of 25%, with effect from 18 March 2020. This amendment will result in an increase in the cost of imported glass bottles as compared to glass bottles which are locally manufactured in Kenya.  
Resolution status note: TheRepublic of Kenya issued an administrative note to implement the Court injunction on the Kioo case and the NTB was resolved .  
NTB-000-980 2.3. Issues related to the rules of origin 2019-11-30 Rwanda: Rwanda Revenue Authority Egypt Resolved
2021-03-14
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Complaint: Rwanda Authorities didn't approve Comesa certificate of origin which is issued from Egypt as they are objecting that the product is not Egyptian production . We will be more than happy to invite the delegates from Rwanda to visit our factory & can do inspection to satisfy themselves. The exporting company provided all the required documents necessary to satisfy the criteria for issuing Comesa Certificate to Rwanda. As per the Rules of Egyptian Government for Comesa we have submitted all the necessary documents. Comesa Certificate No. (0092824) is attached.  
Resolution status note: RESOLVED during 1st Meeting of the COMESA Regional NTBs Forum held on 16- 17 March 2021  
NTB-000-976 8.8. Issues related to transit 2020-08-10 Botswana: Kazungula Ferry Zambia Resolved
2023-10-05
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Complaint: We have a fleet of trucks and the problem is there is no fixed procedure to calculate the toll that BURS charges. They see the weights on the trailers mentioned on the blue plates which many a times shows 36,000kgs on the small trailer and 36,000 on the big trailer. That means they charge each truck toll for 72000 kgs. Some trailers with the same load and same trailers end up paying 4200Pulas and some trailers with the same cargo and same type of trailers are told to pay 6700 pulas. When the agent goes to ask that if you are charging us for 72000kgs will you allow the truck to carry such weights. They just tell him to leave the office and say there is no negotiation. We fail to understand how 1 truck having the same trailer and same cargo pay 4300 pulas and other truck with same trailer and same cargo is told to pay 6700 pulas. This on our transporters part is unfair. They should come with a fixed charge option that trucks with tri axel trailers will pay this much and trucks with interlinks trailers will pay this much. Please we will be obliged if this issue is raised on top priority.  
Resolution status note: In this particular case, there was difference in weights between those indicated in the white book and the data plate affixed to the truck. Assistance was sought from the Weighbridge and due to other circumstances the attempt was unsuccessful. In concluding the query, the truck driver was assisted using the previous permits which he had no objections to.
The inconsistency with information from the trucker resulted in the inconsistency of the charges. This was resolved.
 
NTB-000-984 2.9. Issues related to transit fees 2020-10-07 Kenya: Namanga EAC Resolved
2020-10-07
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Complaint: Namanga /Kajiado County still charges 2,000 Ksh for all Burundi Cargo trucks transiting Kenya  
Resolution status note: It's a resolved NTB that rised again  
NTB-000-985 1.8. Import bans 2020-10-12 South Africa: Grobler's Bridge Zambia Resolved
2026-02-19
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Complaint: Certified organic honey that is American Foulbrood Disease (AFB)free, complete with Certificate of Analysis from accredited lab Intertek in Germany (accredited by the German National Accreditation body DAkkS - national accreditation body for the Federal Republic of Germany) they are also ISO/IEC 17025 certified and they do engage in proficiency testing) has been banned from entering SA unless irradiated.
2015 bilateral agreement allowed Zambian honey into SA without irradiating due to there being no AFB in Zambia.
SA claims that their ARC lab has tested samples from Forest Fruits and others and found them to be positive for AFB. The ARC lab has always produced inconsistent results and they cannot replicate the results. Sometimes positive and after a retest it is negative. ARC lab is not even SANAS accredited, has no ISO certification and does not engage in proficiency testing for AFB tests. On 23 October 2020 at a round table meeting of SA honey importers and various DAFF departments - meeting called by DAFF NPPO, it was clearly stated and admitted that ARC has performance "gaps".
DAFF scientists have to make decisions based on faulty science and results. The Intertek results consistently come back as negative for AFB disease. The result is in Non Compliance notices being sent to Zambia for samples that get retested and are negative!
As recent as last year, Zambia Veterinary Services did a national survey and found no AFB disease in Zambia.
SA DAFF NPPO is creating haphazard barriers to Zambian honey.
All Zambian exports are now affected.
Since 2015 a considerable amount of business with South African companies has developed in Zambia exporting honey to them. This ban affects the livelihoods of over 140,000 subsistence villagers.
 
Resolution status note: Zambia reported that the complaint had been resolved. Please refer to the progress report provided above on 10th December 2025.  
NTB-000-992 7.10. Other 2020-12-01 Zimbabwe: Chirundu Zambia Resolved
2021-09-02
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Complaint: Zimbabwe is not consistent with the SADC COVID-19 requirement/guidelines of drivers requiring a 14 days validity test as a 48 hours requirement has been imposed. This has resulted in increase in cost of doing business as drivers have to take multiple COVID-19 tests which cost on average $76 per test. Transporters travelling into Zambia on the other hand can use their COVI-19 certificates within a 14 day period. A transporter delivering/transiting in Zimbabwe is required to take at least 2 COVID tests within the 14 day period. In some cases this has caused congestion at the border as truckers rush to beat the 48 hour COVID-19 test validity.  
Resolution status note: Zimbabwe reported that the COVID policies are consistent with SADC as follows:
1. 14 day validity is for bus operators and Malaitsha
2. Truck operators we need PCR valid for 30 days
3. Regular travellers 48 hrs.
48hrs means that for regular travellers, they must travel within 48 hours of getting PCR results. This requirement is for regular travellers. If truckers are complaining, its a misinterpretation by implementers.
In light of the above, ZIMRA indicated that corrective actions will be undertaken to address issues raised by the complaint. Effective supervision and monitoring will be implemented.
 
NTB-001-000 2.14. Other 2020-12-01 Zimbabwe: Beitbridge Zimbabwe Resolved
2021-03-31
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Complaint: ZIMRA is requesting all transporters to be registered in its system to be able to lodge electronic manifest. This is still happening and is resulting in delaying of movement of cargo at all its points of entry. The requirement is compulsory and difficult to operationalise as transporters most of them are small and medium and they do not have the technical know how of doing it. The requirement should be removed or be given to the registered agents who are already utilising the ZIOMTRA system. there has been no joy for both inward bound transporters and removal in transit. This is against the spirit of Trade facilitation .  
Resolution status note: Issue was resolved  
NTB-000-997 1.7. Discriminatory or flawed government procurement policies
Policy/Regulatory
2018-07-01 Uganda: Uganda VAT Kenya Resolved
2021-10-19
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Complaint: Uganda charges Kenya manufactured excise books VAT at 18%. The VAT is not levied on Uganda locally manufactured books. The discriminative VAT is in violation of Article III of GATT 1994, Article 75(6) of the Treaty establishing the EAC and Article 15 of the EAC Custom Union Protocol as it subjects Kenyan manufactured products to VAT charges not charged on same domestic products in Uganda.  
Resolution status note: During the Regional Meeting held in October 2021, the Republic of Kenya confirmed that the NTB was Resolved  
NTB-001-008 2.2. Arbitrary customs classification 2020-05-05 Zambia: Ministry of Livestock and Fisheries South Africa Resolved
2022-10-10
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Complaint: Nestle is facing Product classification challenges in the Zambian market involving imitation products that are not dairy who are classified as dairy and face similar penalties that dairy products face. This product in question is Cremora which is classified by the authorities as a dairy product. However, CREMORA is a non-dairy creamer. To this effect, the request is to consider CREMORA for exemption from the dairy category of definition and profile of the product.  
Resolution status note: A bilateral meeting between the two countries was held on 10 October wherein Zambia, informed that the NTB was resolved. Nestle was issued with an exemption letter which allows it to export CREMORA as a non-dairy product to the Zambia market. To close the matter, NESTLE would write a letter to the Zambia Revenue Authority (ZRA) requesting a change in the tariff code. The Ministry of Industry (Zambia) would also write another letter to ZRA in support of Nestle’s proposition  
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