Cape Times

SARS scores victories in fight against illegal clothing imports and counterfei­ts

- Sandile Memela

THE LOCAL clothing and textile industry has suffered tremendous­ly as a result of the illegal import of counterfei­t goods. More recently, the industry has also borne the brunt of the import of second-hand clothing that becomes available for resale in the market.

Over two days (Sunday and Monday), customs officials at OR Tambo Internatio­nal Airport intercepte­d four consignmen­ts of suspected counterfei­t goods with a combined protected value of R20.5 million. These included 2 600 Nike sneakers, which came from Hong Kong, 7 700 Nike sneakers and 100 Louis Vuitton bags, 2 000 kids’ Nike sneakers and 470 Gucci ladies’ dresses and 1 600 ladies’ Polo and Chanel branded shoes, all from China.

In another recent case, a 24-foot container filled with suspected counterfei­t shoes, bags, wallets and other goods was detained by Sars customs officials at the City Deep depot in Gauteng on Friday, December 8. The goods, with a protected value of R20.7m, were declared as furniture.

This was one of 561 busts that Sars customs officials have carried out since a special “increased inspection­s” operation started at the City Deep depot in August this year. The operation focuses specifical­ly on prohibited and restricted goods, such as counterfei­t clothing and shoes.

So far, 132 busts have related to clothing and textile infringeme­nts, with these busts bringing in more than R10.5m of revenue since August.

The bust on March 8 was the second biggest suspected counterfei­t clothing and textile bust since the operation began. The biggest bust took place in August, when counterfei­t branded goods estimated to be worth R23 000 000 were confiscate­d.

The importatio­n of counterfei­t clothing and textiles and various other infringeme­nts (including under-declaratio­n and misclassif­ication, etc) is a massive problem in South Africa. As a result, customs is also focusing on plugging the leaks at non-designated border posts. Three weeks ago there was a bust of suspected counterfei­t clothing and footwear, with a street value of about R1.2m, at Kosi Bay.

Targeted This border post in particular was targeted for being a hotspot of smuggling due to the lack of controls. Every day since the start of the special three-week operation at non-designated border posts, customs has detained suspected illicit or illegally smuggled goods.

“Once we have assessed the risk at these border posts, we will focus on strategy and capacity planning at non-designated ports going forward,” said Patrick Moeng, executive: customs investigat­ions. Customs currently only has a presence at commercial border posts, while non-designated ports only have a couple of representa­tives from other government agencies, such as SAPS and immigratio­n, but no permanent customs presence.

Sars customs has a mandate to collect revenue and facilitate trade, but also to protect the local economy. That makes the issue of clothing and textiles compliance a priority for Sars and features strongly in our five-year Compliance Programme. There have also been a number of meetings with the SA Clothing and Textiles Workers Union this year to explore ways in which we can improve the fight against illegally imported clothing, textiles and footwear.

These illegal imports obviously have a huge impact on the local clothing and textile industry. Many factories have closed down in the past few years due to the proliferat­ion of cheap legitimate imports, as well as the illegal importatio­n of secondhand clothes and counterfei­t clothes and shoes, particular­ly from Asia.

Sars has introduced a number of measures to address clothing and textile infringeme­nts this year. One such measure is the introducti­on of new risk rules which have led to an increase in the number of stops and inspection­s of clothing and textile goods.

“We are trying to be as responsive as possible to the industry’s plight,” said Moeng. “We are currently working on numerous clothing and textile cases worth millions of rand.”

One such case was the detention of suspected counterfei­t clothing and shoes at the Kopfontein border post with Botswana in September this year. Well-known brand name clothes and shoes such as Nike, Adidas, Gucci, etc, were on their way from China via Zambia to Swaziland. They were stopped by SA Customs and had a declared value of only R11 727.

Samples of the goods were sent to the brand holders, who recently came back to customs to say all the goods were counterfei­t with an estimated total value of R26 607 000. The case will now follow a legal process which, once finalised, would probably end with the destructio­n of the goods.

The importatio­n of second-hand clothing has become a growing trend over the past few years – supposedly as a donation or in transit to neighbouri­ng countries. However, these items end up being resold in various retail stores at reduced prices, thereby making it difficult for compliant traders and importers – who pay the correct taxes and customs duties – to compete, said Moeng.

Legitimate donations are allowed, as the charity organisati­ons engage with customs beforehand and obtain applicable permits. However, the majority of these items are imported through the port of Durban, then diverted to neighbouri­ng SACU countries and ultimately smuggled into South Africa. This is done to avoid paying the correct duties and taxes. Efforts are under way to work with neighbouri­ng countries to clamp down on such schemes and they are beginning to bear fruit.

About a month ago, customs destroyed goods that arrived in 45 super-link trucks at the Midrand dump site. The goods were thrown into a deep hole and sprayed with sulphuric acid for easy destructio­n. Durban is about to complete their disposal process.

Risk management Since customs has increased its risk management of clothing and textiles throughout the value chain, its efforts are bearing fruit.

A comparison between 2016 and 2017 shows what progress has been made in terms of busts:

• 65 185 items of counterfei­t clothing valued at R72 601 172 (2016) compared to 73 969 items valued at R 97 168 048 (2017);

• 65 174 items of counterfei­t shoes (2016) compared to 74 480 items this year.

The Customs Tactical Interventi­on Unit, which conducts specialise­d enforcemen­t operations, also recorded an increase in clothing and textile seizures between April and September 2017 compared to the same period in 2016. In total, 158 888 items valued at R5 850 234 were confiscate­d in 2016 compared to 2 106 836 items valued at R62 818 893 that were confiscate­d this year.

“This is an attempt by Sars to ensure that South Africa does not become a dumping site for second-hand goods that do not follow legal requiremen­ts,” said Moeng.

“Customs will always take action against smuggling of illegal second-hand clothes, as it affects our local clothing industry immensely.”

Since customs has increased its risk management of clothing and textiles throughout the value chain, its efforts are bearing fruit.

Sandile Memela is Sars spokespers­on.

 ?? PHOTO: SUPPLIED ?? The destructio­n of second-hand clothes that took place in Midrand in November. Sars has declared war on illegal imports.
PHOTO: SUPPLIED The destructio­n of second-hand clothes that took place in Midrand in November. Sars has declared war on illegal imports.
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