Tokunbo vehicles trapped at ports over confusion on 15% NAC Levy 

Abiola Seun

Several vehicles are once again trapped at the Port and Terminal Multiservices Limited (PTML) and Five Star terminal, Tin-Can Island port as clearing agents and importers abandoned clearance of vehicles over the 15 percent National Automotive Council (NAC) levy.

Though, the Federal Ministry of Finance (FMoF), has changed the heading of the 15 percent levy, to Common External Tariff (CET) levy, clearing agents still described the new levy as illegal, saying it was not backed by any law in Nigeria.

Speaking under the aegis of the National Council of Managing Director of Licensed Customs Agents (NCMDLCA), the National President, Lucky Amiwero, said CET is alien to the nation’s domestic law.

He said, “the shifting from NAC levy of 15 % to CET levy of 15%, by the Nigeria Customs Service(NCS), contravenes the principle of World Customs Organization WCO, Kyoto’s convention on the simplification and harmonization of Customs procedure, the World Trade Organization under the Agreement on Trade facilitation Agreement (ATF) which core principle is predictability, consistency and transparency on trade information, fees and charges Imposed on in connection with importation and exportation, which create confusion and impediments.”

“As a result of the confusion of the shift from NAC levy of 15 percent to CET levy of 15 percent without any backed legislation, many vehicles are now abandoned at the port , accumulating demurrage and rents, which creates serious bottleneck to revenue collection and impediment to trade, especially when is not covered under any domestic law, the only approval for Levy for Motor vehicles of 8703 Cars is 5 percent by the National Assembly and signed in to law by the President.”

“The imposition of common External Tariff (CET) levy of 15percent on Motor vehicles is not backed by any law or approved in the Finance Act of 2020 and 2021 and not provided in any law of the land and assessed on motor vehicles by Nigeria Customs Service (NCS).”

“There is no such thing as Common External Tariff (CET) levy of 15percent either on Motor vehicles or goods, the only approval is on ECOWAS trade liberalization levy (ETLS) of 0.5% , the introduction of CET LEVY is strange to our domestic law and the ECOWAS convention on Import duties and levies assessment and collection.

“The levy approved in the Finance Act 2020 approved for motor vehicles specifically state that the amendment of the first schedule to the Act is amended by inserting and replacing as the case may be the following duties and levies: duty on tractors (Heading 8701) From 35percent to 5percent.

“Others are, Duty on motor vehicles for the transportation of more than ten persons (HS Heading 8702) From 35 percent to 10percent; levy on motor vehicles for transportation of persons (Cars) (HS Headings 8703) from 35percent to 5percent and also, the duty for motor vehicles for transportation of Goods (HS Heading 8704) From 35percent to 10percent.

“The Finance Act provides for 5percent levy for Motor vehicles of Chapter 8703 that is cars , there is no provision for CET levy of 15percent in either 2020 and 2021 Finance Act passed by the National Assembly and signed in to law which is the only approval by the National Assembly on motor vehicles,” Amiwero said.

“We, hereby, wish the Federal Government to quickly save the trading community by intervention , so that the proper thing will be done and the port goes back to normalcy,” he said.