It truly is the year of sequels. By now, you might be wondering how many sequels there must be before a reboot happens. According to my search engine, there is no set number – reboots are a creative decision rather than a rule. They often occur when a franchise’s continuity becomes too complicated, a new vision is desired or there has been a significant gap between instalments to refresh the story.

The prequel to this article, titled ‘Metal review’, was published on April 11. It dealt with an invitation published in the Government Gazette on March 19, with comments due by April 16. The invitation was republished in the Government Gazette on March 28, this time with tables that had not been included, but with the exact same closing date.

Now you have been given a second – technically, a third – bite of the cherry, if you are involved in the manufacture and import of iron and steel, or articles made of these materials, as well as articles made of base metal. In that case, you may want to consider responding to an invitation for comments from the International Trade Administration Commission of South Africa (Itac), which was published in the Government Gazette of August 20 and closes on September 5.

The comments are required as part of Itac’s self-initiated review of the tariff structure and investigation into the possible introduction of an import surveillance system for steel products classifiable under chapters 72 (iron and steel), 73 (articles of iron and steel), 82 (tools, implements, cutlery, spoons and forks, of base metal, as well as parts thereof), and 83 (miscellaneous articles of base metal).

In the Government Gazette of August 20, Itac announced that, during the publication period, in excess of 150 comments were received from interested parties, ranging from requests for duty increases, the creation of rebate provisions, the inclusion of specific products under import control, and general comments on the potential impact of the review on the steel value chain.

The core focus of the application is on the ‘water in the tariff’, also known as the tariff overhang, tariff cliff, binding overhang principle, or tariff water – which is simply the difference, or gap, between the ‘bound tariff’ and the ‘applied tariff’ under the most favoured nation principle. Economists call it the ‘policy space’, as governments can easily increase the tariff rate from the ‘applied rate’ to the ‘bound rate’.

Based on the submissions it received and its analysis of the evidence, the commission decided to make several preliminary determinations. These include increasing the rate of customs duties on all listed products to their respective bound rates, creating additional rebate provisions for steel products, and subjecting all listed products to import control, in line with the International Trade Administration (ITA) Act.

Itac also made a preliminary determination that, as and when standards are developed for any listed steel-related product category, such standards or compulsory specifications be incorporated into the import permit control system as additional conditions for the issuing of import permits. In addition, it was determined that input products used in steelmaking, particularly stainless steel, as outlined, should remain free of duty. Itac further found that the prevailing geopolitical landscape constituted an unprecedented emergency, necessitating urgent action in line with the General Agreement on Tariffs and Trade. Finally, it proposed that a committee comprising industry role-players and members of Itac be established to advise the commission on steel-related matters, in line with the ITA Act.

Itac wanted it specifically noted that it had not yet made its ‘final determination’ on any of the preliminary determinations, and that nothing in the Government Gazette should be construed as such. Itac’s final determination will only be made once it has considered all comments from members of the public (interested parties).

The ‘product lists’ are accessible at https://www.gov.za/documents/notices/international-trade-administration-act-review-tariff-structure-and-investigation.

As part of your preparation, you might want to review ‘The South African Steel and Metal Fabrication Master Plan 1.0’ (https://www.thedtic.gov.za/wp-content/uploads/Steel_ Industry_Master_Plan.pdf), South Africa’s World Trade Organisation bound rates. (https://www.wto.org/ english/thewto_e/countries_e/south_africa_e.htm), and the South African Customs Tariff (https://www.sars.gov.za/wp-content/uploads/Legal/SCEA1964/Legal-LPrim-CE-Sch1P1Chpt1-to-99-Schedule-No-1-Part-1-Chapters-1-to-99.pdf).