International Trade Administration Act, 2002 (Act No. 71 of 2002)Chapter 4 : Investigation, evaluation and adjudication proceduresPart A – Applications26. Applications |
| (1) | A person may, in the prescribed manner and form, apply to the Commission for— |
| (a) | an import or export control permit, or an amendment of such a permit, in terms of Part B of this Chapter and the regulations; |
| (b) | a rebate permit or certificate in terms of the Customs and Excise Act; |
| (c) | the amendment of customs duties, including an amendment in respect of goods imported into the Common Customs Area from a country that is not a Member State, with regard to— |
| (i) | anti—dumping duties; |
| (ii) | countervailing duties; or |
| (iii) | safeguard duties; or |
| (d) | the imposition of safeguard measures other than a customs duty amendment. |
| (2) | The Commission must, subject to section 30(1) and (2), evaluate the merits of every application received by it and dispose of each application— |
| (a) | received in terms of subsection (1)(a) or (b), in accordance with Part B of this Chapter; or |
| (b) | received in terms of subsection (1)(c) or (d), in accordance with Part C of this Chapter. |
| (3) |
| (a) | The Commission may, before considering an application, give notice of the application in the Gazette. |
| (b) | If it does so, the Commission must— |
| (i) | allow interested parties the prescribed time to make written representations concerning the application; and |
| (ii) | ensure that notice of its decision or recommendation in the matter is subsequently published in the Gazette. |
| (4) | The Commission may— |
| (a) | require an applicant to provide additional information in respect of the application; or |
| (b) | request further information from any person who makes a representation in terms of subsection (3)(b). |
| (5) | Any person may voluntarily file with the Commission any document, affidavit or statement of the views of that person with regard to the application, or other relevant information. |
| (6) | The Commission may amend or revoke a decision or recommendation concerning an application if— |
| (a) | the decision or recommendation was based on incorrect information and the applicant or supplier of the |
| (i) | was responsible for the error in the information; and |
| (ii) | benefited or could have benefited, from the decision or recommendation; |
| (b) | the decision was obtained by deceit; or |
| (c) | a person has breached an obligation attached to the decision or recommendation. |