Gadgets10.07.2024

Temu selling illegal Wi-Fi and Bluetooth devices in South Africa

Temu is allowing merchants on its platform to sell electronics without the necessary regulatory approvals from South African authorities.

Sellers are offering products with radio transceivers, like Wi-Fi and Bluetooth dongles, that don’t have approval from the Independent Communications Authority of South Africa (Icasa).

The platform also lets South Africans buy electrical devices with batteries or that connect to mains electricity without the necessary clearance from the National Regulator for Compulsory Specifications (NRCS).

These regulatory requirements exist to ensure devices can safely be connected to the electrical grid and don’t interfere with local wireless networks.

A concerned MyBroadband reader recently contacted Icasa after they noticed uncertified devices for sale on Temu.

Asked how it handles enforcement in online marketplaces, the regulator explained that when it comes to Takealot, merchants must upload an Icasa certificate for every device they want to sell on their platform.

While Icasa couldn’t comment on how Temu’s systems worked, it said every online platform must abide by the regulations of the countries in which they operate.

MyBroadband ordered three items from Temu to test whether the platform allows the sale of uncertified electronics.

All three products featured radio transmitters — two Wi-Fi and one Bluetooth. One of the Wi-Fi items was a smart switch that must be wired to mains power, requiring an NRCS letter of authority (LOA).

The items took two weeks to reach us. The order spent one week in international transit, and then the courier took another week to deliver the parcel after it cleared customs.

An inspection of the devices revealed that while they have U.S. FCC and European Union CE markings, none bore an Icasa sticker.

Searching the NRCS database for the Elivco Wi-Fi smart switch also yielded no results.

Elivco Wi-Fi smart switch sold through Temu without an ICASA sticker or NRCS LOA

Local distributors and importers have often complained that the processes to apply for regulatory clearance are onerous.

China-based sellers who export their goods to South Africa without the necessary approvals enjoy a substantial and unlawful advantage over those who follow the rules.

This is in addition to the South African Revenue Service (SARS) concession these platforms exploited to gain favourable tax rates on imported clothing.

An industry source with over thirty years of experience in trade logistics and customs told MyBroadband that customs officers are responsible for checking for NRCS certificates.

The source, who is currently working for a prominent international transport and logistics company, spoke on condition of anonymity.

They said any product with a built-in battery or that gets plugged into mains power must obtain an NRCS certificate.

“This confirms that the product complies with the South African standards for safety,” the expert said.

The source believes that customs isn’t catching non-compliant items because Temu’s local partner, Buffalo International Logistics, is receiving simplified clearance procedures.

Wi-Fi USB adapter without an ICASA sticker, sold through Temu

Under SARS’ simplified clearance procedure, customs officers must ensure the requirements of other departments are observed.

“The pure volume of items imported for each different order would overwhelm most of if not all the agents,” the expert stated.

However, subjecting Temu orders to full formal clearance is not the answer either.

“If individual clearance is made for each order, the volume would, in all likelihood, overwhelm customs systems,” they said.

The source believes allowing Buffalo to use simplified customs clearance was an easy way out for SARS.

Because the issue has drawn the attention of the media, local retailers, and e-commerce platforms, SARS Customs had to find a way to level the playing field for the clothing industry.

For this reason, it promised to levy the full 45% duty and 15% VAT on all clothing parcels, including those under R500, from July 2024.

However, the issue of uncertified and potentially unsafe electronics being allowed into the country has flown under the radar until now.

It remains to be seen whether there is enough industry pressure to get regulators and the taxman to tackle the issue as they did for the clothing industry.

MyBroadband contacted Temu for comment, but the e-commerce platform did not respond by publication.

Bluetooth USB adapter without an ICASA sticker, sold through Temu

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