FORM OF INVOICE AND CERTIFICATE OF VALUE FOR SHIPMENTS TO SOUTH AFRICA 21 [To be written, typed, or printed on firm's letterhead] Enumerate the following charges, and state whether each amount has been included in or excluded from the above current domestic values: Amount in State whether included or excluded (1) Cartage to rail and/or to docks.. (2) Inland freight (rail or canal) and other charges to the dock area, includ (3) Labor in packing the goods into outside packages. ing inland insurance... Domestic $.. Domestic $. (5) If the goods are subject to any charge by way of royalties.. State full particulars of royalties below. of (3) amounting to supplier/manufacturer of the goods enumerated in this invoice hereby declare that I [(4) have the authority to make and sign this certificate on behalf of the aforesaid supplier/manufacturer, and that I have the means of knowing and do hereby certify as follows: 1. That this invoice is in all respects correct and contains a true and full statement of the price actually paid or to be paid for the said goods, and the actual quantity and description thereof. 2. That no different invoice of the goods mentioned in the said invoice has been or will be furnished to anyone; and that no arrangement or understanding affecting the purchase price of the said goods has been or will be made or 11 As furnished by the official representative of the Union of South Africa in New York City. entered into between the said exporter and purchaser, or by anyone on behalf of either of them, either by way of discount, rebate, compensation, or in any manner whatever, other than as fully shown on this invoice, or as follows: (5). 3. That the domestic values shown in the column headed "Current domestic values in currency of exporting country" are those at which the above-mentioned firm or company is supplying or would be prepared to supply to any purchaser for home consumption in the country of exportation and at the date of exportation, identically similar goods in the usual wholesale quantities, at (6)--. subject to‒‒‒‒‒‒ percent cash discount, and that such values include/exclude (7) the cost of outside packages, if any, in which the goods are sold in such country for domestic consumption. 4. That the said domestic value includes any duty leviable in respect of the goods before they are delivered for home consumption, and that on exportation a drawback or remission of duty amounting to----- (7) has been/will be allowed by the revenue authorities in the country of exportation. (a) Full name of person signing declaration. (2) Name of firm or company. (3) Name of city or country. (4) These words should be omitted where the manufacturer or supplier himself signs the certificate. (5) Particulars of any special arrangement. (6) "Warehouse 66 factory or port of shipment." (7) Cross out whichever word is not applicable. (8) Ordinary personal signature of "(a)" above, not the firm's signature or " for " and so. SO (9) The witness need not necessarily be a magistrate, notary. or other public official, but may be any person competent to sign as a witness to signatures on ordinary business documents. NOTE. The extra cost of export packing must be stated separately and shown as excluded from the current domestic value. In the columns headed "Current domestic value" and "Selling price to purchaser " the gross value or price of the articles is to be inserted and the rate of discount or allowance (if any) granted or permitted on such or similar goods must be shown at the end or in the body of the invoice. These forms may be printed by local stationers if followed exactly, and may be printed on the firm's letterhead. This invoice, which requires no consular visa, should go forward under separate cover to the consignee. At least three copies should be sent. The usual ocean bill of lading is also required. A sanitary certificate is required on imports of manufactured grain, hay, and straw with certain exceptions and including hay or straw used in packing merchandise. "To order" bills of lading are permissible and are protected by law. No goods are delivered without the presentation of a properly endorsed bill of lading filled out to show to whose order they are to be delivered. Indirect shipments are at no disadvantage because of higher import duties. Since no consular visa is required, no difficulty regarding documents should arise on transshipped goods. One copy of the customs declaration (form 2966) is required. on parcel-post packages sent to South Africa. Grouping two or more such packages under one declaration is not permitted. DUTIABLE VALUE The dutiable value of imports into the Union of South Africa is the domestic value of the goods, plus the cost of packing and pack 70031-34-12 ages for export, carriage to the port of shipment and all other expenses incidental to placing the goods on board ship, ready for exportation to the Union, but in no case may it be less than the f.o.b. price of the goods to the importer, including agents' or buying commission in excess of 5 percent. By "Domestic value " is meant the market price at which at the time of exportation (or at date of purchase by the importer for assessing "dumping duty "under par. 1 below) such or similar goods are offered for sale for consumption in the country from which they are exported, to all purchasers in the usual wholesale quantities in the ordinary course of trade in the principal markets of such country, including the cost of packages ordinarily used in those markets, but not including excise duties payable in that country, and less any drawback of duty granted by the government on exported goods. ANTIDUMPING PROIVSIONS Dumping duties may be imposed by proclamation published in the Government Gazette whenever, after investigation and report by the Board of Trade and Industries, the Minister of Finance is satisfied that goods which are of a class or kind produced or manufactured in the Union have been or are being exported thereto under any of the following conditions and is further of the opinion that detriment may result to an industry of the Union from one or more of such causes: At an export price which is less than the domestic value thereof, plus the extra cost of packing and packages for export, carriage to the port of shipment, and all other expenses incidental to placing the goods on board ship ready for exportation to the Union. In such cases an "ordinary" dumping duty may be imposed equal to the difference between the export price and the said domestic f.o.b. value, provided such difference is more than 5 percent of the export price. Whenever after investigation and report by the Board of Trade and Industries, the Minister of Finance is satisfied that the exchange value of the currency of the country of origin or export of the goods is depreciated in relation to Union currency and is of the opinion that by reason of such depreciation, goods of a class or kind produced in the Union are being imported at prices which are detrimental to a domestic industry.22 In such cases an exchange dumping duty equal to the difference between the cost f.o.b. at the port of shipment of such goods to the importer in Union currency and such cost expressed in the currency of the country of origin or export computed in terms of Union currency at a rate determined by the minister, provided that the dumping duty may not exceed one-half the value of the goods as determined for regular duty purposes. In the case of goods shipped on consignment or for which nominal prices are charged or for which no charge is made, the f.o.b. cost of the goods at the port of shipment is taken to be the f.o.b. price at which similar goods are ordinarily sold for export or if there is no such price, the value of the goods as determined for regular customs duty. 22 Now limited mainly to certain products from Japan. At a freight rate lower than the rate prevailing at the date of shipment for those classes of goods usually rated for shipping purposes on the same basis or at ballast rates of freight or freight free, or that by reason of the granting of rebates, refunds, or other allowances, the net amount of freight payable is lower than that prevailing on the date of shipment. In such cases a "freight" dumping duty may be imposed equal to the difference between the net freight paid, or to be paid, and the usual freight rate, provided such duty may not apply to goods the domestic value of which, added to the marine insurance and freight charges, exceeds £10 per ton of 2,240 pounds. That they are being sold, or offered for sale, at a port of entry in the Union, in the usual and ordinary course of trade, for an amount which is less than the domestic value thereof, plus the extra cost of packing and packages for export, inland carriage, sea freight, insurance, and all other charges to that port, including landing and delivery charges, and any duty (other than a dumping duty) payable. In such cases a "sales "dumping duty may be imposed equal to the difference between the selling price in the Union and the domestic value, plus the above expenses and charges to the port of entry in the Union. That a bounty has been, or will be, granted in regard to such goods in the country in which they were produced or manufactured, or from which they were exported by way of a bonus, rebate, subsidy, or otherwise, whether granted by a government or other authority or person. In such cases a "bounty" dumping duty may be imposed equal to the amount of the bounty. No dumping duty may be imposed on goods shipped to the Union from the country named in the proclamation prior to the date of its publication. Such dumping duty, or where there is more than one form of dumping, the total of such dumping duties, may not exceed one-half the value of the goods as determined for regular duty purposes. When the Minister of Finance is of the opinion that the levying of the ordinary dumping duty on imported wheat and wheat flour is undesirable because of market fluctuations, a proclamation may be issued specifying the rates of special dumping duties in lieu of the ordinary dumping duty. LABELING, PACKING, AND MARKING Labeling. The laws of the provinces of the Union of South Africa substantially reproduce in their marking regulations the provisions of the British marking legislation, which prohibit the sale. of goods bearing a false indication of origin or a false trade description. Foreign goods bearing marks reasonably suggesting British origin by any wording, omission, or other device may not be imported into the Union unless a counterindication of true origin be also shown. A false trade description includes any misrepresentation concerning the number, quantity, measure, or weight of any goods; the place or country in which goods were produced or made; the mode of manufacture or production of the goods; the material of which any goods are composed; any goods being subject to an existing patent, privi lege, or copyright; or the use of any figure, word, or mark which according to the custom of the trade is commonly taken to be an indication of any of these. No trade mark which is not registered in the Union of South Africa may be affixed to goods to be imported into that country, if the legend, "registered "," registered number ", or "registered trade mark appears in the markings unless followed by the name of the country in which registration has taken place. Colorable imitations of registered trade marks are prohibited on imported goods. The labeling regulations for various food products, farm feedstuffs, fertilizers, drugs, disinfectants, and explosives are very precise and require special study. American firms may obtain particulars regarding the regulations for labeling the commodities in which they are interested by addressing the Division of Foreign Tariffs, Bureau of Foreign and Domestic Commerce, Washington. All goods sold by measure must have the actual liquid content marked on the container. The denomination used must be fluid ounce (up to a maximum of 40), quarter-gill, half-gill, gill, half-pint, pint, quart, half-gallon, or gallon or a multiple of such measure such as 3 pints, 22 gallons, etc. The measures which must be used are the imperial units of dry and liquid measures, the American gallon being 0.8311 imperial gallon, and the American bushel, 0.96944 imperial bushel. When packaged goods are sold by weight, the net weight must be shown on the packages, as, for instance, "2 lbs. net", with no other qualifying words added. The addition of "when packed" is permissible only on the following packaged goods, which are exempted because of their drying-out propensities: Washing soda; Glauber's salts; bar soap; cheese in original wrapping material; hams, bacon, or sausage skins, packed in preserving agents; tobacco in bags or other containers for retail sale; and treacle sugar. The marking of weights on containers must be in a prominent place close to the name of the commodity or description of the contents, and be stampel clearly in bold capital letters not less than one-half the size of the letters used to describe the article and of a color in distinct contrast to the background. Benzine, creosote and its substitutes, wood preservatives, wood stain, lubricating oils, paraffin (kerosene), linseed oil, turpentine and turpentine substitutes, varnish, vinegar, methylated spirit, motor spirit, olive oil, and salad oil must be sold by measure and have the actual liquid contents marked thereon unless in bottles, etc., of less than 5 fluid ounces. Bags of flour must contain flour of the following amounts per bag: 5 pounds, 10 pounds, 25 pounds, 50 pounds, 100 pounds, or 200 pounds. Certain other cereals and cereal products, onions, potatoes, and sunflower seed, firewood, cement, and lime must be sold by fixed-weight bags. Soap and candles may be packed only in standardized boxes. Full information regarding the weights and measures regulations as affecting particular commodities may be obtained by interested American exporters upon request to the Division of Foreign Tariffs, Bureau of Foreign and Domestic Commerce, Washington. Packing. In addition to carrying in mind the necessity for packing sufficiently strong to withstand the sea voyage and the rough |