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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 6 : Non-reciprocal zero-tariff treatment for goods exported from the Republic to the People's Republic of China on compliance with the provisions of origin and other requirements specified in these rules

46A6.01 General provisions and interpretation

 

46A6.01 General provisions and interpretation

 

(a) The rules numbered 46A6 are rules contemplated in sections 46(4)(d) and 46A(4)(b) in respect of enactments of the People’s Republic of China relating to non-reciprocal zero-tariff treatment wherein are prescribed the origin and other requirements in terms of which goods exported from the Republic will qualify for preferential tariff treatment on importation into the People’s Republic of China.

 

(b) The enactments of the People’s Republic of China to which these rules relate are the following English versions received from the People’s Republic of China:
(i) General Administration of Customs Announcement No. 54 of 2026 (Announcement on the Administrative Measures of the Customs of the People's Republic of China for the Implementation of the Origin of Imported Goods under Zero-Tariff for 20 African Countries Not Least Developed Countries that have Established Diplomatic Relations with China)
(ii) Announcement of the Tax Commission No. 5 of 2026 (Announcement of the Customs Tariff Commission of the State Council on the implementation of Zero-tariff measures for African countries with diplomatic relations)

Note: These enactments are included on the SARS website (www.sars.gov.za).

 

(c)

(i) Exporters must comply with the enactments referred to in paragraph (b) and are cautioned to study them as a whole and in context to ascertain the requirements applicable to each export.
(ii) The requirements of rule 59A.01A(a)(ii) and (iii) do not apply for purposes of the enactments, provided that the exporter is registered in terms paragraph (a)(i) of that rule.

 

(d) Expressions used in the rules with reference to an enactment referred to in paragraph (b) shall, unless the context otherwise indicates, have the meaning assigned thereto in the said enactments or relevant provisions of the Act or as defined in the Rules.

 

(e) The expression—

“Article” means the corresponding numbered Article in the General Administration of Customs Announcement No. 54 of 2026 (Announcement on the Administrative Measures of the Customs of the People's Republic of China for the Implementation of the Origin of Imported Goods under Zero-Tariff for 20 African Countries Not Least Developed Countries that have Established Diplomatic Relations with China)

 

“aquaculture” means the farming of aquatic organisms, including fish, mollusks, crustaceans, other aquatic invertebrates and aquatic plants, from seedstock such as eggs, fry, fingerlings, and larvae, by intervention in the rearing or growth processes to enhance production, such as regular stocking, feeding, or protection from predators;

 

“enactments” means the enactments referred to in paragraph (b);

 

“FOB” means the value of the exported good free on board inclusive of the cost of transport to the port or site of final shipment abroad;

 

“fungible materials” means materials which are interchangeable for commercial purposes, whose properties are essentially identical, and between which it is impractical to differentiate by a mere visual examination;

 

“generally accepted accounting principles” means the recognized accounting standards of a Party with respect to the recording of revenues, expenses, costs, assets and liabilities, the disclosure of information and the preparation of financial statements. Those standards may encompass broad guidelines of general applications as well as detailed standards, practices and procedures;

 

“good” means product or material;

 

“materials” means raw materials, ingredients, parts, components, subassemblies and/or goods that are physically incorporated into another product or were subject to a process in the production of another product;

 

“originating materials” means materials which qualify as originating in accordance with rule 46A6.02 and implementation procedures;

 

“product” means a product being produced, even if it is intended for later use in another production operation;

 

“production” means any method of obtaining goods, including, but not limited to, growing, raising, mining, harvesting, fishing, aquaculture, farming, trapping, hunting, capturing, gathering, collecting, breeding, extracting, manufacturing, processing or assembling a good;

 

“Party” means any of the following countries: the People's Democratic Republic of Algeria; the Arab Republic of Egypt; the Republic of Botswana; the Republic of Equatorial Guinea; the Republic of Cabo Verde; the Republic of the Congo; the Republic of Ghana; the Gabonese Republic; the Republic of Zimbabwe; the Republic of Cameroon; the Republic of Côte d'Ivoire; the Republic of Kenya; State of Libya; the Republic of Mauritius; the Kingdom of Morocco; the Republic of Namibia; the Republic of South Africa; the Federal Republic of Nigeria; Republic of Seychelles and the Republic of Tunisia; and

 

“Republic” means the Republic of South Africa.

 

(f) 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 perform such function.

 

(g) For the purposes of paragraph (f) the Manager responsible for the administration of the rules of origin section in Head Office, the Controller or any officer designated to perform such function may exercise any power or duty or function conferred or imposed in terms of any other provision of this Act for the purpose of verification of the originating status of goods or the fulfilment of the other requirements of these rules.

 

[Part 6 Rule 46A6.01 inserted by Notice No. R. 7522, GG54755, dated 28 May 2026 - retrospectively with effect from 1 May 2026]