This is similar to (but not the same as) samples supplied free of charge discussed in a previous blog. The issues around commercial invoices versus pro-forma invoices also discussed in a previous blog apply here.
Replacement goods are goods supplied free of charge to replace previously imported defective goods, or goods which did not meet quality standards. The goods are in essence identical. These goods are intended purely for commercial purposes and cannot be treated quite the same as samples supplied free of charge.
As an importer you may argue that duty and Vat was previously paid on such goods and hence, a “zero” value should be acceptable. You may even argue that a nominal value may be produced. The answer quite simply is that SARS will not accept “zero” valued clearances even though duty and Vat was previously paid. If the commercial invoice contains a “zero” value, then it should be endorsed with… “Goods supplied free of charge as replacement stock for defective goods – value supplied for Customs purposes only”, followed by the value.
The Customs legislation requires that a fresh clearance for goods is required on a shipment basis. Off-setting against previous shipments is not allowed. So, what do you do with regards to duties and Vat previously paid. You may claim these back via a Refunds process. There are some strict adherences required when claiming such Refunds from SARS.
The same rules apply when importing short-shipped or short-landed goods.
The aspect of “Samples” has to do with Customs Valuation, i.e. the value of the goods for Customs duty purposes. This affects the rate of Customs duties and VAT. We question whether a supplier may show “Samples” on a commercial invoice as FOC (Free of Charge). Moreover, we question whether the actual value of “Samples” must be shown on the invoice.
Pro-Forma Invoicing
Should samples be specified on a Pro-Forma invoice rather than the Commercial invoice? Before we move on, let me confirm that, it really does not matter. So long as samples are correctly cleared for Customs duty purposes. Pro-forma invoicing was discussed in the blog titled… “Pro-forma Invoices for Customs Purposes”.
Samples Supplied Free of Charge
Samples supplied FOC (Free of Charge) must be shown on the commercial invoice. This is mandatory.
The value of samples (if supplied free) must also be shown. The value must be realistic, i.e. as if one is going to import them as “paid” goods.
Not wishing to sound contradictory. One may show a “zero” value in the body of the invoice. Still, the invoice must be supplemented with certain endorsements lower down on the invoice.
There are three endorsements which are mandatory for a Commercial Invoice to be accepted by Customs.
These Endorsements Are:
“Goods Supplied Free of Charge – Value for Customs Duty Purposes Only”
The “actual” value of the samples must be specified, and
The reason or reasons why the goods are supplied Free of Charge.
The reasons for goods supplier Free of Charge might include, for example:
Samples for Testing Purposes
Samples for Demonstration Purposes
Samples for Promotional Purposes.
Samples with Nominal or Negligible Values
There are a few occasions where samples may attract a nominal or negligible value. Nominal values may be shown on the invoice under certain circumstances.
The major one to note is where samples are mutilated, or destroyed. For example. If you import footwear with a hole drilled through the sole of the shoe, a nominal value may be utilized. The shoe is rendered worthless. The hole should be the size of a 50c coin to prove mutilation. The shoe must clearly be marked as “Sample“.
The absence of “mutilation“, and the absence of a proper value may be problematic. SARS will want to use alternative methods to value the samples. These include for example, the value of identical goods, or the value of similar goods.
Under these circumstances Customs will request three quotations on the local market. The higher of the three will be used as a benchmark to value the goods for clearance purposes. If the values are proven to be under declared, duties, VAT and penalties may be called for.
So, the best advice is to simply assign a realistic value to samples and the commercial invoice
Unless you import samples in very large quantities, samples are most often a small and negligible issue. Starting a valuation investigation with SARS Customs will merely attract unnecessary costs and inspection fees.
Types of Goods with No Commercial Value
Again, negligible values may be shown on the invoice if the goods are of no commercial value.
Here are further examples:
Mutilated Goods: Items that have been damaged to the point that they can’t be sold
Raw Materials and Demonstration Items: Products like yarn, fabrics, paper, wood, metals, and stones. Also those that are either cut into small sizes or have dimensions making them suitable only for demonstration purposes
Small Accessories: Items like nails, buttons, and buckles that are made from non-precious materials. Also those that are presented as samples on cards, with no more than one of each type
Marked or Mutilated Raw Materials: Goods including wood, cork, paper, and various fabrics that are made useless for sale. These are due to permanent markings, damage, or being glued together for demonstration purposes
Non-Consumable and Consumable Goods: Products displayed as samples with a value not exceeding R 10.00 for non-consumables (e.g., lighters, pencils) and consumables (e.g., food and beverages) that are used up during demonstrations.
The Customs authorities may consider whether samples fall under the category of commercially negligible items.
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