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 Disaster6. Non-Compliance |
| 6.1 | If ITAC has information that— |
| 6.1.1 | the applicant has misrepresented facts or submissions in its application or the submissions to the dtic pursuant to paragraph 5.1 above; |
| 6.1.2 | the applicant is not carrying out its plan to restore its manufacturing processes to full capacity in accordance with the project plan presented to the dtic in terms of paragraph 5.1 (g) above and fails to provide a reasonable explanation to the dtic why the restoration cannot be carried out as set out in the project plan; |
| 6.1.3 | the applicant charges excessive prices or predatory prices in respect of the imported goods contrary to the statements set out in paragraph 5.1(j) above; |
| 6.1.4 | the goods imported in terms of the rebate certificate are used for any purpose other than that specifically described in Rebate Item 412.11(a) and in the certificate; |
| 6.1.5 | more and/or different goods are imported than the Shortfall Products or the volumes contemplated in paragraph 5.1(h); and/or |
| 6.1.6 | there has been any other non-compliance with these Guidelines, the International Trade Administration Act or the Customs and Excise Act, |
appropriate action will be taken against the applicant in terms of applicable legislation. This action may include (without limitation) criminal charges, the withdrawal of the certificate(s) concerned, applicable customs duty may be brought into account retroactively and prospectively, and penalties may be imposed.