International Trade Administration Act, 2002 (Act No. 71 of 2002)NoticesGuidelines, Rules and Conditions Pertaining to Certificates Issued under Paragraph (a) of Rebate Item 412.11/00.00/01.00 for Goods Imported for the Relief of Distress of Persons in cases of Famine or other National Disaster1. Purpose |
| 1.1 | These Guidelines, Rules and Conditions Pertaining to Certificates Issued under Paragraph (a) of Rebate Item 412.11/00.00/01.00 for Goods Imported for the Relief of Distress of Persons in Cases of Famine or other National Disaster (“the Guidelines”) are intended to assist with applications for the duty-free importation of goods by the domestic manufacturers whose production of goods has been significantly affected by the unprecedented scope and impact of the recent civil unrests in KwaZulu-Natal and Gauteng which occurred in and around the week of 11 July 2021. The Guidelines explain the application process and set out the documents and information to be provided when applying for this rebate. Manufacturers should note that they will also need to comply with any requirements of the South African Revenue Service (“SARS”). |
| 1.2 | In accordance with its terms, Rebate Item 412.11/00.00/01.00, paragraph (a) (“Rebate Item 412.11(a)”), may be applied by ITAC in the event or circumstances of a national disaster. The extensive damage, destruction, injury and deaths that resulted from the recent civil unrest in KwaZulu-Natal and Gauteng had a widespread impact, with implications for all of South Africa. |
| 1.3 | The domestic manufacturing sector has been directly affected by the unrest, with serious implications for the local and national economy in terms of jobs, interruptions in manufacturing processes, the supply chain of products, and the continuity of businesses. |
| 1.4 | A domestic manufacturer of products ('the applicant") may apply for a rebate of duty in terms of Rebate Item 412.11(a) to import goods (“goods” or “products” are used interchangeably herein) that it normally manufactures domestically where: |
| (a) | the applicant has been directly affected by the unrest in KwaZulu-Natal and Gauteng which occurred in or around the week of 11 July 2021, in that one or more of its manufacturing facilities were destroyed or materially damaged by persons taking part in the civil unrest; |
| (b) | the manufacturing processes of the applicant were disrupted to such an extent that its domestic manufacturing output ceased or will be substantially reduced for a significant period of time resulting in an unforeseen shortfall in the volume of products that it had planned to supply from the manufacturing facility or facilities that were destroyed or materially damaged, as set out in (a) above (''the Shortfall Products''); |
| (c) | the impact on its manufacturing processes can have or had a material adverse effect on employment in the applicant; |
| (d) | the identical product/s that stand/s to be imported by the applicant is/are not available in the domestic market, in the same quantities that the applicant was able to produce periodically prior to the civil unrest, from another domestic manufacturer unaffected by the civil unrest; |
| (e) | orders have been received by the applicant for, or the applicant offered for sales on the domestic market, product/s of the same model and/or type as the Shortfall Products; |
| (f) | the applicant is not able to fulfil such orders from its existing stocks; and |
| (g) | the applicant plans to bring its domestic manufacturing processes back to full capacity in the short to medium term. |