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Customs and Excise Act, 1964 (Act No. 91 of 1964)

Customs and Excise Rules

Chapter V : Clearance and Origin of Goods: Liability for and payment of duties

Rules for Section 46A of the Act

Part 1 : Preferential tariff treatment of textile and apparel articles imported directly into the territory of the United States of America from the Republic as contemplated in the African Growth and Opportunity Act (the AGOA)

Preferential tariff treatment of textile and apparel articles imported directly into the territory of the United States of America from the Republic as contemplated in the African Growth and Opportunity Act (the AGOA)

 

46A1.01

(a) The rules numbered 46A1 are rules contemplated in section 46A(4)(b) in respect of textile and apparel articles exported from the Republic and imported into the customs territory of the United States of America in accordance with the provisions of sections 112 and 113 of the African Growth and Opportunity Act contained in Title 1 – Extension of Certain Trade Benefits to Sub-Saharan Africa – of the Trade and Development Act of 2000 of the United States of America and other relevant enactment contemplated in the definition thereof in section 46A(1).

 

(b) Any expression used in these rules with reference to the African Growth and Opportunity Act (the AGOA) or other relevant enactment shall, unless the context otherwise indicates, have the meaning assigned thereto in the said AGOA or enactment or relevant provisions of the Act or as defined in these rules.

 

(c) The expression—

 

"beneficiary sub-Saharan African countries", means the following countries and any other countries that may be designated as "beneficiary sub-Saharan African countries" for the purposes of the AGOA by the President of the United States of America:

Republic of Benin

Republic of Botswana

Republic of Cape Verde

Republic of Cameroon

Central African Republic

Republic of Chad

Republic of Congo

Republic of Djibouti

State of Eritrea

Ethiopia

Gabonese Republic

Republic of Ghana

Republic of Guinea

Republic of Guinea-Bissau

Republic of Kenya

Kingdom of Lesotho

Republic of Madagasar

Republic of Malawi

Republic of Mali

Islamic Republic of Mauritania

Republic of Mauritius

Republic of Mozambique

Republic of Namibia

Republic of Niger

Federal Republic of Nigeria

Republic of Rwanda

Democratic Republic of Sâo Tomé and Principe

Republic of Senegal

Republic of Seychelles

Republic of Sierra Leone

Republic of South Africa

Republic of South Sudan (South Sudan)

Kingdom of Swaziland

United Republic of Tanzania

Republic of Uganda

Republic of Zambia;

 

"certificate of origin" means the certificate of origin, used for the purposes of preferential tariff treatment under the African Growth and Opportunity Act prescribed in 19 CFR 10.214 and item 202.00 of the Schedule to the Rules which, in the case of the form prescribed in the Schedule to the Rules, is numbered DA 46A1.01 in the column reserved for the official use of the South African Revenue Service;

 

"customs authorities", means in respect of the Republic, the Commissioner, or according to any delegation in these rules, the manager responsible for the administration of the rules of origin section in Head Office, the Controller or any other officer designated to perform such function at the office of the Controller;

[Expression substituted by paragraph (g) of Notice No. R. 1472 dated 22 December 2017]

 

"customs territory of the US", means the 50 States and the District of Columbia and Puerto Rico;

 

"customs value", means the value of any imported goods calculated or determined in accordance with the provisions of section 65, 66, 67 and 74A;

 

"enactment", means enactment as defined in section 46A(1) and includes the AGOA;

 

"exporter", means a registered exporter as contemplated in section 46A(6);

 

"goods", except if the content otherwise indicates, includes the textile and apparel articles referred to in the AGOA;

 

"Harmonized Tariff Schedule of the US" or "HTS", means, for the purposes of establishing the equivalent tariff subheading (to the 6-digit level) in Part 1 of Schedule No. 1 subject to any meaning ascribed to any expression in any provision of origin in any enactment or these rules, the provisions of Part 1 of Schedule No. 1, except national subheadings or additional section or chapter notes and the rates of duty, applicable to the classification of any goods in any chapter or heading or subheading, and for the purposes of interpretation of Part 1 of Schedule No. 1, includes application of the Explanatory Notes to the Harmonized System as required in terms of section 47(8)(a);

 

"headings and subheadings", means the headings (4-digit code) and subheadings (5- or 6-digit code) of Part 1 of Schedule No. 1;

 

"lesser developed beneficiary sub-Saharan African countries", means the following countries and any other countries that may be designated as "lesser developed" for the purposes of the AGOA by President of the United States of America:

Republic of Benin

Republic of Cape Verde

Republic of Cameroon

Central African Republic

Republic of Chad

Republic of Congo

Republic of Djibouti

State of Eritrea

Ethiopia

Republic of Ghana

Republic of Guinea

Republic of Guinea-Bissau

Republic of Kenya

Kingdom of Lesotho

Republic of Madagascar

Republic of Malawi

Republic of Mali

Islamic Republic of Mauritania

Republic of Mozambique

Republic of Niger

Federal Republic of Nigeria

Republic of Rwanda

Democratic Republic of Sâo Tomé and Principe

Republic of Senegal

Republic of Sierra Leone

Kingdom of Swaziland

United Republic of Tanzania

Republic of Uganda

Republic of Zambia;

 

"manufacturer", means a registered manufacturer as contemplated in section 46A(6) and includes for the purposes of the AGOA, depending on the context, a "producer";

 

"NAFTA", referred to in section 113(b)(1) of the AGOA, means the North American Free Trade Agreement entered into between the United States, Mexico and Canada on 17 December 1992 as defined in section 112(e) of the AGOA;

 

"19 CFR 10", refers to part 10 of the customs regulations contained in the Code of Federal Regulations published by the Department of the Treasury in the Federal Register, Volume 65, No. 194 on 5 October 2000 (as amended by the regulations published in the Federal Register, Volume 68, No. 55 on 21 March 2003), of which sections 211 to 217 and supplementary information thereon contained in the said Part 10 and sections 112 and 113 of the AGOA specifically relate to textile and apparel articles which may be allowed preferential tariff treatment under the AGOA;

 

"origin", "originate" and/or "originating status", relates to, unless the context otherwise indicates, the origin of goods determined in terms of any provision of origin contemplated in any enactment, including the AGOA, 19 CFR 10, Annex 401 to NAFTA, section 334 of the Uruguay Round Agreement Act of the US, and the application of provisions of customs Regulations 19 CFR 102.21 which implemented section 334;

 

"producer", when used in connection with the AGOA and any document required by the US, includes a person that grows, mines, harvests, manufactures, processes or assembles goods or any combination thereof (Article 519 of NAFTA);

 

"shipment", includes any consignment of textiles or apparel articles exported to an importer in the US by post;

 

"textile and apparel articles", refers to the textile and apparel articles to which the provisions for preferential tariff treatment in section 112 of the AGOA and customs regulations 19 CFR 10 relate;

 

"US", means the United States of America; and in relation to imports of textiles and apparel articles from the Republic, includes the customs territory of the United States of America;

 

"visa stamp", means the AGOA Textile and Apparel Visa Stamp used to issue the visa and of which a specimen imprint is contained in rule 46A1.05;

 

"visa system", means, for the purposes of section 113(a)(1) of the AGOA, the procedures prescribed in these rules in respect of the issuance of a visa.

 

(d) Subject to section 3(2), any power, duty or function contemplated in section 46A(4), is delegated in terms of section 46A(4)(b)(v) to the extent specified in these rules to the manager responsible for the administration of the rules of origin section in Head Office, the Controller or any officer designated to exercise such power or perform such duty or function at the office of the Controller.

[Rule 13.04(d) substituted by paragraph (h) of Notice No. R. 1472 dated 22 December 2017]

 

(e) Any insertion in brackets below any rule refers to a provision in the enactment on which the rule is based.

 

(f) Determinations by the United States Trade Representative (the USTR) of countries that satisfy the requirements of sections 113(a) and 113(b)(1)(B) of the AGOA which the USTR has caused to be published in the Federal Register as contemplated in paragraph (4) of Proclamation 7350 of 2 October 2000 published in Federal Register Volume 65, No. 193 on 4 October 2000 are the following countries and any other countries in respect of which the USTR may cause such determinations to be so published from time to time:

Republic of Ethiopia

Republic of Kenya

Kingdom of Lesotho

Republic of Madagascar

Republic of Mauritius

Republic of South Africa

Kingdom of Swaziland