| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-001-074 |
7.1. Arbitrariness |
2022-08-19 |
Namibia: Namibia Vet Authroities |
South Africa |
Resolved
2026-02-12 |
View |
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Complaint:
|
a. On the 19th August 2022, a Nestle Cremora stock was held at the border in Namibia, but subsequently released 2 days later. To trade export, Nestle Cremora into Nambia , Nestle Cremora products are now required to be accompanied by a Vet Import Permit to enter Nambia. The authorities there argue that CREMORA is a dairy product and as such should be accompanied by Vet Import Permit. Nestle is arguing that CREMORA is a non-dairy product as ingredients indicate.Nestlé CREMORA® is composed of the following ingredients:
i. Glucose syrup solids, Vegetable Oils (Palm Kennel Oil and Palm Fruit), Stabilisers (E340ii, E451i). Sodium Caseinate (milk protein), Hydrolised Wheat Protein (gluten), Emulsifier (E481), Salt, Anti-caking Agent (E551), Flavouring, Colourants: Riboflavin (E101i) and Beta Carotene (E160a). DocuSign Envelope ID: CE740444-68E4-45B9-A6C0-69A8F1392060 – 2
ii. Sodium Caseinate which is a milk protein contributes about 0.8% of the recipe with ±0.2% milk protein level. 1 – this is below requirements for dairy products.
b. Nestle therefore, confirms that CREMORA® is a non-dairy creamer based on the ingredients used on the product. That CREMORA is labelled a “Coffee & Tea Creamer” is complying with the Imitation Dairy Standard in R1510: Dairy & Imitation Dairy Product Regulation of South Africa. Labelling regulations requires that Nestlé CREMORA® is classified as a “Coffee & Tea Creamer” and that its front-of-pack is labelled as such. Labelling regulations further denote other requirements to which the Nestlé CREMORA product and its packaging must comply with
c. Also Cremora’s tariff code is classified as HS 2106.90.09 Food preparations not elsewhere specified or included – Other.
d. The exact date when the truck was held up at the border was the 19th August 2022 and prior to that we had no episode similar to this. During August, there was no financial impact as the orders were allowed with the warning that the next shipment (if not preceded by the paper work) will be sent back, however, the order for September that Nestle in possession of is valued at R 2,841mio. |
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Resolution status note:
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Dear Administrator kindly update the status to resolved
Thank you |
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NTB-001-215 |
7.1. Arbitrariness |
2024-10-03 |
Kenya: Traffic Police |
Rwanda |
Resolved
2024-11-23 |
View |
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Complaint:
|
Arbitrary fines charged to drivers in Kenya not commensurate to the fines specified in Kenya Traffic Control Act 2015
For instance, the driver was fined 25,000 Kenyan shillings where he was supposed to pay only 10,000 Kenyan shillings (Section 53 (1) and 67). Also, Kenya Traffic Control Act (2015) prohibits someone from driving a commercial vehicle for more than a total of eight hours in any 24-hour period (section 66A). This should not apply to transit trucks since the international best practice for maximum driving time for truck drivers is between 11 and 14 hours a day.
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Resolution status note:
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Kenya informed the meeting that the driver was arrested on 12 / 09 / 2024 while driving a Motor Vehicle with Registration No. RAE 579B / RL2395 M / Benz Actros and was consequently presented before Makindu Law Court charged with the following offenses:
● Count 1: Failing to maintain parts and equipment of the M / Vehicle contrary to Section 55 (1) as read with Section 58 (1) of the Traffic Act Cap 403 Laws of Kenya without rear reflectors). The accused pleaded guilty and was fined KSHS 15,000
● Count 2: Causing obstruction, contrary to Section 53 (1) as read with Section 53 (4) of the Traffic Act Cap 403 Laws of Kenya. The accused pleaded guilty and fined KSHS 10,000 / =
Hence amounting to a total of KSHS. 25,000
The Republic of Rwanda submitted that there is need to notify counterparts in case a National of one Partner States is charged in another Partner States and Traffic offenses should be distinguished from crime. |
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NTB-000-194 |
2.2. Arbitrary customs classification |
2009-07-27 |
Zimbabwe: Ministry of Industry & Commerce |
Zimbabwe |
Resolved
2011-03-01 |
View |
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Complaint:
|
The Zimbabwe tariff regime has a wide dispersion of import duty rates across the harmonised System. Zimbabwe Revenue Authority (ZIMRA) and importers are often engaged in disputes over which tariff code to classify certain commodities. Where two tariff codes appear similar, ZIMRA officials would want to maximize revenue and classify commodities according the high revenue earning tariff. At the same time, importers classify commodities according to the lowest tariff rates in order to minimize costs. These tariff classification disputes act as a non tariff barrier which can delay the clearing of goods. Valuation of goods is done by senior Customs (ZIMRA) Officers who are not always available thus causing further delays. |
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Resolution status note:
|
Zimbabwe reported that Clear tariff resolution structures are in place. These start from station level up to National level. Importers of goods may escalate the disputes to Fiscal courts and ZIMRA may also seek the assistance of WCO tariff rulings. |
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NTB-000-220 |
2.2. Arbitrary customs classification |
2009-07-28 |
Zambia: Zambia Revenue Authority |
Zambia |
Resolved
2010-11-22 |
View |
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Complaint:
|
The valuation of imported goods carried by Small cross border traders is not transparent. Customs officials rely on power to impound imported goods to make small scale cross border traders pay rather suspicious duties. |
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Resolution status note:
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Zambia reported that she is using the WTO Customs Valuation procedure, and has an appeals mechanism to address complaints from the traders |
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NTB-000-395 |
2.2. Arbitrary customs classification |
2011-02-11 |
Mozambique: "FRIGO" customs clearing in Maputo |
Mozambique |
Resolved
2012-03-27 |
View |
|
Complaint:
|
Meat in brine imported from South Africa classified under tariff code 0210.20.00 being subjected to 15% import duty. We have been importing under tarrif code 0210.20.00 for 18 mnths without paying duty. Now a ruling was made on 11 February that duty of 15% is applicable.Mozambique customs does not agree with the tarrif code notwithstanding that this is the code accepted by South Africa as correct. |
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Resolution status note:
|
Mozambique confirmed that the duty applied on tariff cod 0210.20.00 is zero. Customs Authorities have rectified the problem and are not charging duty on the product. |
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Products:
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0210.20: Meat of bovine animals, salted, in brine, dried or smoked |
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NTB-000-395 |
2.2. Arbitrary customs classification |
2011-02-11 |
Mozambique: "FRIGO" customs clearing in Maputo |
Mozambique |
Resolved
2012-03-27 |
View |
|
Complaint:
|
Meat in brine imported from South Africa classified under tariff code 0210.20.00 being subjected to 15% import duty. We have been importing under tarrif code 0210.20.00 for 18 mnths without paying duty. Now a ruling was made on 11 February that duty of 15% is applicable.Mozambique customs does not agree with the tarrif code notwithstanding that this is the code accepted by South Africa as correct. |
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Resolution status note:
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Mozambique reported that the 15% duty is the applicable duty under her preferential tariff reductions offer to South Africa. Mozambique tariff reduction offer for RSA began in 2011 and goes up to 2015.
The goods in question, classified in HS code 02.10.20.00 is of class C1, according to Mozambique’s offer and the percentage of duties in 2011 is of 5% for the other SADC Member States, while for RSA it’s maintained at 15%. The application of zero (0) tax for 18 months was a result of miss interpretation of the Customs Tariff, a fact that was later corrected by the competent authority. Service Order nº 3, from January 11 from the Revenue Department established a 15% tax for class C1 goods coming from RSA and 5 % for products coming from other SADC Member States. |
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Products:
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0210.20: Meat of bovine animals, salted, in brine, dried or smoked |
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NTB-000-552 |
2.2. Arbitrary customs classification
Policy/Regulatory |
2012-11-01 |
Zimbabwe: Head Office Zimra |
Zimbabwe |
Resolved
2013-08-07 |
View |
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Complaint:
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form 47 which is customs declaration form on Rebate states, who enjoys travellers rebate and marked(excluding) reads excluding Any person employed as the pilot or master or any member of the crew of an aircraft, ship or vehicle arriving from outside Zimbabwe ,bus crew members,drivers are also included,why are they not given rebate allowance as other nationalities, this is a national benefit why excluding them , what benefits do they have as bus crew members? even the remission they dont understand about it even to be given that remmission they are not, this is the other reason why bus crew members are involved in smuggling with border officials, give them an allowance on daily basis |
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Resolution status note:
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On 7th August 2013, Zimbabwe Revenue authority reported that , travelers rebate excludes "any person employed as the pilot or master or any member of the crew, of an aircraft, ship or vehicle arriving from outside Zimbabwe" This is in terms of Section 114 of the Zimbabwe Customs and Excise General Regulation Statutory Instrument 154 of 2001. This is therefore a legal requirement and it is mandatory that this be implemented. The same regulations also provide for a remission of duty for a consignment of a maximum value of US$20.00 every time one travels. Once the consignment exceeds the US$20.00 duty is paid on the full value of the consignment. Please note that smuggling of goods is an offence which may lead to seizure of the goods and at times prosecution and is therefore discouraged.
Based on this explanation, SADC secretariat advised that the NTB be marked resolved. |
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NTB-000-568 |
2.2. Arbitrary customs classification |
2013-02-13 |
Zimbabwe: Kariba |
Zimbabwe |
Resolved
2013-06-17 |
View |
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Complaint:
|
Revaluation of products by customs ,a trader came with catapillar or madora and the value was k 2000000.00=$400.00 and was revalued to K 4180000.00, customs is refusing value for these goods ofwhich it only pays pre sumptive tax this is not the first time Zimra raises value to goods which pays only p tax. Some of these goods are not bought at Lusaka markert were thay have pegged there prices this is one of the reasons why why people would resort to smuggling |
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Resolution status note:
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On 17 June 2013, Zimbabwe Revenue Authority reported that valuation of consignments is provided for in the Zimbabwe Customs and Excise Act (Chapter 23:02). This particular valuation of Madora at Kariba Border Post was based on previous importations, investigations and information gathered from the neighboring country Zambia because no commercial invoices were tendered. ZIMRA advised that, where the values declared are within the given range, they are accepted. However where the values differ drastically the assessed values are resorted to. The complainant is advised to liaise with the Station Manager Kariba or the Supervisors to understand how the valuation is conducted. |
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NTB-000-709 |
2.2. Arbitrary customs classification |
2016-04-01 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2018-07-05 |
View |
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Complaint:
|
Arbitrary uplifting of value exports of the Air filters for internal Combustion manufactured by Kenafric products leading to high charges on VAT |
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Resolution status note:
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The Secretariat reported that this NTB had been resolved by the report of the bilateral meeting held from 3rd -5th July 2018 between Kenya & Tanzania . |
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NTB-000-815 |
2.2. Arbitrary customs classification |
2017-11-17 |
Uganda: Uganda Revenue Authority |
Kenya |
Resolved
2019-05-31 |
View |
|
Complaint:
|
Denial of market access and hiking & fixing of confectionary products values thus making Kenya products uncompetitive. Clients are scared of fixed uplifted value in September |
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Resolution status note:
|
On 7th October 2019, the EAC Secretariat reported that all issues of valuation were considered and resolved by the Customs Committee in May 2019 |
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NTB-001-008 |
2.2. Arbitrary customs classification |
2020-05-05 |
Zambia: Ministry of Livestock and Fisheries |
South Africa |
Resolved
2022-10-10 |
View |
|
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. |
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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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NTB-001-005 |
2.2. Arbitrary customs classification |
2021-01-05 |
Zimbabwe: Chirundu |
Zimbabwe |
Resolved
2023-04-06 |
View |
|
Complaint:
|
CROSS BORDER TRADE RELATED
Cross border trade was affected by the lockdown put in place under the COMESA COVID-19 Regulations implemented by Member States because of challenges the pandemic brought. While the COVID-19 Measures are welcome, the lockdown did not have other mechanisms which were put in place to cover the informal sector as majority of them are women who are also bread winners whose small savings and profits are meant for schools and general welfare of the family. As much as traders pay heed to COVID 19 regulations this does not substitute food on the table. Government appreciated movement of goods by trucks as a way of decongesting borders thereby small scale traders being marginalized.
COMESA SIMPLIFIED REGIME is a system done by COMESA Members States to simply trade for small trade players, in this Pandemic lockdown , why don't the Government allow small scale traders to organize themselves through CBTAs and COMESA TRADE INFORMATION OFFICERS to clear their wares in a simplified manner. Traders can send their money by wire transfer or MUKURU then goods are sent to the border and all the clearing formalities are done by the TIDO, the same way clearing agents are doing it. The current arrangement where only agents allowed to do clearances for cross border traders has increased their cost of doing business drastically as the the clearing formalities takes more time 3-4 working days from time when an entry is done where as the STR clearance through TIDO takes hours for a small consignment of $1000.00 STR threshold value and goods are released, goods which are on of eligible products |
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Resolution status note:
|
COMESA Regional workshop for National Focal Points and NMCs held from 3-6 April 2023 in Rwanda made observation that this NTB was reported when there were travel restrictions due to the COVID- 19 pandemic and small-scale cross border traders were unable to clear their goods under the COMESA STR. Currently, there are no travel restrictions hence small-scale cross border traders are now able to clear goods under the COMESA STR.
In view of the above developments, this NTB is therefore resolved. |
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Products:
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2202: Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 20.09., 3005: Wadding, gauze, bandages and similar articles (for example, dressings, adhesive plasters, poultices), impregnated or coated with pharmaceutical substances or put up in forms or packings for retail sale for medical, surgical, dental or veterinary purposes and 3401: Soap; organic surface-active products and preparations for use as soap, in the form of bars, cakes, moulded pieces or shapes, whether or not containing soap; organic surface-active products and preparations for washing the skin, in the form of liquid or c |
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NTB-001-006 |
2.2. Arbitrary customs classification |
2021-01-28 |
Zimbabwe: Chirundu |
Zimbabwe |
Resolved
2023-09-22 |
View |
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Complaint:
|
AGENTS charged as a criminal offense and penalised for not attaching Permit.
Due to COVID 19 Restrictions in place for Zimbabwe small scale cross border traders their goods are now spending more days at border posts due to the long processing requirements' which they never new when they enjoyed using COMESA STR which was suspended because of COVID as they are not allowed to clear there goods at the borders . Trade is only allowed to be done through the clearing of agents, Those few traders who are using the agents are facing numerous challenges which include requirements for permits and licenses for STR qualifying goods which are beyond the reach of many thereby marginalizing the rest of the traders .
On 28 January 2021 an entry for sweets and sherbets was done by the agent at Chirundu . The Agent erroneously omitted to attach permit for bio safety and the agent was fined an astronomical figure of 400,000 RTGs and when he appealed for that decision of the amount it was doubled to 800,000 RTGS which translate to above US$8000 on the day's exchange rate. ZIMRA classified omission to attach a biosafety permit as a criminal offense attracting a fine outlined in SI 25 of 2021 the Criminal Law (Codification and Reform) (Standard Scale of Fines) Notice, 2021.This notice is issued by the Minister in terms of section 280 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. On reading the Act, it is not clear if omission to attach a document constitute a criminal offense .
The goods now have 12 working days at the border and the consignment was for a small-scale trader who is not a company, and these are the people who live on hand to mouth trade. The level of fines for clearing agents are Punitive rather than Correctional, Agents are now afraid of clearing goods for small scale traders as they are heavily fined for omissions and errors which are a common thing in the world, Permits are cumbersome to obtain for some of them.
1. ZIMRA is urged to reconsider the classification of error from “Criminal Offense” to “Omission to attach a required document” and therefore the reduce level of fine
2. The relevant Government Department is requested to consider allowing clearance of COMESA STR goods by TIDOs during this COVID period when they get to the border under modalities to be agreed upon by the authorities. |
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Resolution status note:
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The issue was considered resolved on the basis that the rates have been reviewed downwards and Zimbabwe shared the Statutory Instrument . |
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NTB-001-027 |
2.2. Arbitrary customs classification |
2021-07-26 |
Madagascar: Toamasina Port à gestion autonome ( sea port) |
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Resolved
2021-10-04 |
View |
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Complaint:
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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
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Resolution status note:
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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. |
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Products:
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3808.94.9: --- Other: |
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NTB-001-147 |
2.2. Arbitrary customs classification |
2023-10-17 |
Kenya: Namanga |
Tanzania |
Resolved
2024-07-04 |
View |
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Complaint:
|
Increased valuation of sales price of ceramic tile imported with no reasonable explanation from the local tax authorities. As far a cost is concerned, the production cost plus, long-distance transportation and customs clearance fees is higher than these of local producers. Therefore, we request Republic of Kenya to remove the requirements of uplifting the custom value and to use the local price. |
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Resolution status note:
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Secretariat advised that this is an operational issue can be discussed in Customs Committee |
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NTB-001-147 |
2.2. Arbitrary customs classification |
2023-10-17 |
Kenya: Namanga |
Tanzania |
Resolved
2024-07-04 |
View |
|
Complaint:
|
Increased valuation of sales price of ceramic tile imported with no reasonable explanation from the local tax authorities. As far a cost is concerned, the production cost plus, long-distance transportation and customs clearance fees is higher than these of local producers. Therefore, we request Republic of Kenya to remove the requirements of uplifting the custom value and to use the local price. |
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Resolution status note:
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The issue was considered during the bilateral meeting that took place in Kisumu. During the meeting, Both Parties agreed that no administrative measures including uplifting the customs value of products from the other Party be taken without consultations. Kenya has since reviewed the customs values downwards. The issue was hence resolved |
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NTB-001-234 |
2.2. Arbitrary customs classification |
2025-01-20 |
Botswana: Tlokweng Gate |
South Africa |
Resolved
2025-05-27 |
View |
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Complaint:
|
We are a small female-owned company based in Gaborone, Botswana that manufactures small leather goods, mostly for corporates, government and individuals. Our team consists of 5 female employees with 4 full time and 1 on contractual basis. We import our raw material (which is mostly finished leather) from South Africa. We have been importing our material since 2019, however, since 2021 we have been facing a challenge of our raw materials being misclassified. we import finished leather products which is not subjected to Veterinary requirements since it is a finished product. However, we are subjected to go through veterinary regulations which causes delays and confusions on the applicable regulations. We request the proper application of regulations be applied when dealing with our product. The veterinary processes must be done away if there are not applicable.
Our company imports material about 3 times a month from South Africa, with a total average of 3200 dm of finished leather. |
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Resolution status note:
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A virtual meeting was held on the 29th of April, 2025, between Customs Services(External Eelations & Classification office), the Tlokweng Border Post Manager, Ministry of Trade officials, SADC officials, and the trader to learn more about the trader's challenge. The trader was given the contact details of the Tlokweng Border Manager for assistance in case she faces similar challenges in the future. |
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Products:
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4113.20: Leather further prepared after tanning or crusting "incl. parchment-dressed leather", of pigs, without hair on, whether or not split (excl. chamois leather, patent leather and patent laminated leather, and metallised leather) |
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NTB-000-424 |
6.6. Border taxes |
2011-07-04 |
Kenya: Malaba |
Uganda |
Resolved
2011-08-29 |
View |
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Complaint:
|
Effective July 2007 to date Kenya Plant Health Inspectorate Service (KEPHIS) imposed a Plant Import Permit (PIP) of KShs 500 on every truckload of Uganda tea in transit to Mombasa, reason that they have to issue a Phytosanitary certificate when Uganda tea is being exported. However at this time Uganda tea is already sold off. This practice is contrary to international practice where the Phytosanitary certificate is issued by a competent authority in the country of origin in this case Uganda. The above practice also many times delays Uganda tea at Malaba due to making receipts, verification and clearing hence late for listing at Mombasa auction therefore making it less competitive. |
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Resolution status note:
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At the NMC meeting held in Nairobi on 29 August 2011, Kenya reported that:
1. Kenya does not issue plant import permit to goods in transit.
2. If tea is specifically declared as in transit, Malaba border verifies documentation and release without charging import permit. However if declared for local consumption, permit is invoked. |
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Products:
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0902.30: Black fermented tea and partly fermented tea, whether or not flavoured, in immediate packings of <= 3 kg |
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NTB-000-650 |
6.6. Border taxes |
2015-02-01 |
Mozambique: Delegação Aduaneira de Ressano Garcia (Road) |
South Africa |
Resolved
2015-06-19 |
View |
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Complaint:
|
Good day. Terminal Operator at Ressano Garcia plans to enforce fees to all cargo vehicles for the utilization of Ressano Garcia with effect from the 16th February 2015. The fees as attached to this request are ridiculous as a truck weighing 28Tons with Imports to Mozambique is expected to pay no less than R3000 on each occasion they enter Mozambique via Ressano Garcia. The upgrades at the port were an investment to ease trade facilitation and I'm of the view that traders are not opposed to paying however the required amount is way high and unfortunately the end-user will end up carrying these costs the end of the day. |
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Resolution status note:
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On 25 February 2015, Mozambique focal point confirmed that there has not been any fee set or fee charged for the use of the cargo Terminal of Ressano Garcia, since this matter is still under discussion internally. This NTB is therefore resolved |
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NTB-000-729 |
6.6. Border taxes |
2017-01-01 |
Zambia: All Zambian Border Posts |
|
Resolved
2018-01-25 |
View |
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Complaint:
|
Introduction of fees on all motor vehicles exiting and entering Zambia
This measure will effectively increase transportation costs for both businesses and individuals.
As a landlocked country which is primarily reliant on road transport, this will have major cost repercussions for all industry sectors and increase the cost of doing business, making Zambia less competitive.
The Minister proposes to increase various user fees and charges to recover costs. This would include statutory fees and charges for services provided by government institutions.
Unless the fee increases are matched by an increase in efficiency, this measure will have an overall detrimental effect.
Effective date
All of the above measures will take effect from 1 January 2017. |
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Resolution status note:
|
On 25 January 2018, Zambia Focal Point reported that this measure had not been implemented therefore this NTB is resolved |
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