AGOA - What proof of origin must be submitted by an importer in the USA for goods exported from South Africa under the AGOA arrangement? Would a Form A be issued for such exports?
Under the African Growth and Opportunity Act (AGOA) Customs in South Africa only issue visas for clothing and textiles.For this purpose Customs will include the visa stamp on the invoice which is then presented to the US Customs

Origin - Are there any user guides available on rules of origin?
The following documents pertaining to matters of preferential origin is available on the SARS website Guide to understanding preferential origin.

Origin - Do all products have an origin?
It is a requirement of Section 39 that importers and exporters must submit a Customs declarations for goods imported or exported in the prescribed form and providing the particulars as indicated thereon.

Origin - How does Preferential Duty work?
Preferential duties are in essence a means between parties to promote trade with each other in products originating in their respective countries.

Origin - How would an importer go about to claim a preferential rate of Customs duty on goods imported under a trade agreement?
On importation of goods importers will declare goods in compliance with origin criteria at the preferential rate of Customs duty provided in Schedule 1 instead of the general rate which is applied to non-preferential trade.

Origin - How would an importer go about to determining the origin of goods in the absence of any indication on imports documents or if it is suspect?
Any person entering any goods imported for Customs purposes must declare the origin thereof on the Customs declaration. Should the documents provided

Origin - May fabric imported from a third country be used in the manufacture of garments for export to a party country within a trade agreement.
In questions of this nature the client would have to be more specific. This would depend to which trade agreement is referred to, the tariff applicable to the manufactured garments and the origin criteria in the rule.

Origin - What are the requirements for a product to qualify for the benefits of preferential treatment under a trade agreement?
Trade agreements are reciprocal in nature and provide for imports in the respective markets of the parties to benefit from the arrangement.

Origin - What general information is available with regards to rules of origin and where can this be obtained?
All trade agreements to which South Africa is a party are published in Schedule 10 of the Customs and Excise Tariff. The rules of origin for such agreements are published in the notes to Schedule 1.

Origin - What if a country is eligible for more than one (1) arrangement? What is a Preferential Rate of Duty?
The only countries to which more than one (1) arrangement applies are Malawi, Mozambique and Zimbabwe. In addition to bilateral agreements in place between these countries

Origin - What is the procedure for requesting blank certificates of origin?
Exporters of goods under trade arrangements must apply to their nearest Customs office for the issue of blank certificates of origin for completion and submission for certification when goods are exported.

Origin - Where can an exporter obtaining a certificate of origin or proof of origin for purposes of preferential trade?
Application can be made to the nearest Customs Office for the issue of proof of origin for the various trade arrangements to which South Africa is a party.

Origin - Would declarations of origin provided by Chambers of Commerce with an electronic signature and forwarded to an importer electronically suffice as proof of origin for Customs purposes?
The requirements for the submission of a DA 59 for non-preferential purposes is in terms of Rule 46.04 that the form must be completed by the supplier, certified by the responsible authority and submitted with the Customs declaration by the importer.

SADC - Do goods manufactured in Madagascar and sold to a company in Mauritius qualify for preferences when imported into South Africa?
The company in Mauritius sells the goods to a company in South Africa and issues a certificate of origin stating the goods to be of Madagascar origin.

SADC - What alphabetical letter must be reflected in Box 8 (SADC certificate) for goods that are wholly produced or sufficiently processed or further worked?
Note (iv) of the instructions for completing the SADC certificate of origin on the back of the SADC certificate of origin requires that exporters must indicate in Box 8 thereof:

SADC - Would a product manufactured in Lesotho from South African and Lesotho inputs be considered to be originating in South Africa when sold to an impporter in another SADC member state. May a certificate of origin be issued in such circumstances?
The basis for dealing with trade through other member states are covered in the TDCA and in the SACU-EFTA FTA in the Articles on Direct transport and the Issue of certificates of origin on the basis of a proof of origin issued or made out previously.

TDCA - What are the requirements for claiming the preferential rate of duty for imported cheese under the provisions of the TDCA?
Reference is made to the Agreement on Trade, Development and Cooperation between the European Community and the Republic of South Africa (TDCA), Article 15

TDCA - What’s included under the Ex-Works price?
Reference is made to the definition of ex-works price in Protocol 1 to the TDCA and in Annex V to the SACU-EFTA FTA. The ex-work price of a product must include the value of all materials used,

TDCA - Would goods originating in an EU member country qualify for preferential treatment if the invoice therefore were issued in a third country?
The response to this question lies in Article 15 of Protocol 1 which provides for the procedure for the issue of an EUR.1 movement certificate.

TDCA - Would goods originating in an EU member state which are sold to a third country and thereafter packed with goods originating in another third country qualify for preferential treatment when sold and imported into South Africa?
The trade agreement has not been changed as far as the Direct Transport rule of Article 12 is concerned. However, it is required in terms of Article 12 of Protocol 1 to the TDCA

TDCA/EFTA - May certificates of origin be issued without the processing of an export declaration?
Articles 15 of the of Protocol 1 to the TDCA and Article 15 of Annex V to the SCU-EFTA FTA provides that the EUR.1 certificate of origin shall be issued and made available to the exporter as soon as the actual exportation has been effected or secured.

TDCA/EFTA - What is a non-manipulation certificate and may Customs issue such certificates for goods in transit?
The non-manipulation of goods pertains to the transport thereof through territories which are not part of a specific trade arrangement.

TDCA/EFTA - When may a certificate of origin be issued retrospectively?
Reference is made to Article 16 of Protocol 1 to the TDCA and Article 16 of Annex V to the SACU-EFTA FTA which allows for the issue of certificates of origin retrospectively.

TDCA/EFTA - Where can I find the format for the invoice declaration?
The format of the invoice declaration and the notes thereto are provided in Annex IV of Protocol 1 to the TDCA and in Article 14(1) of Annex V to the SACU-EFTA FTA.

TDCA/EFTA - Who can make an invoice declaration with respect to the TDCA and EFTA trade agreements?
An approved exporter within the meaning of Article 20 (Approved Exporter) of Protocol 1 and Article 22 of Annex V and any exporter for any consignment consisting of one (1) or more packages containing originating products whose total value does not exceed

TDCA/EFTA - Who can register for Approved Exporter status?
Manufacturers of products which are in compliance with the rules of origin pertaining to a particular agreement and which are exported on a regular basis may apply with their nearest Customs Office for approved exporter status.

Origin - What are rules of origin?
Rules of origin are the criteria which are applied to determine the origin of a product for a particular purpose. Rules are applied to products traded on a preferential or non-preferential basis.

Origin - What form is used to prove the origin of goods?
The form used for origin of goods is a DA59 (Country of Origin) and this form must be completed by the Customs Authorities where the goods originated from.

SADC - Would lubricants, manufactured from base oils derived from the processing of imported crude oils at a South African refinery be considered as being of South African origin for purposes of preferential trade under the SADC agreement?
The process involves the import of crude oil, the processing of crude oil to base oil and the making of lubricants by the adding of imported additives to the base oil.

Origin - What is the procedure to be followed where parcels cleared via the Post Office qualify for Trade Agreements?
If parcels are imported / exported by mail, in terms of any trade agreement the specific procedures set out in the Rules for that agreement must be followed.

Invoice Declaration - Which trade agreements can an invoice declaration be made for?
Trade, Development and Co-operation between the European Community and its Member States and South Africa (TDCA); and The Free Trade Agreement (FTA) between the European

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