Notice No. 2291
29 January 2024
GG 50042
Department of Trade, Industry and Competition
THE REBATE PROVISIONS
| 1. |
Applications in terms of the rebate provisions concerned should be submitted within 10 days from the date of a publication notice published in the Government Gazette, commencing with this notice of 26 January 2024. |
| 2. |
“Temporary rebate provision for the full customs duties in Part No. 1 of Schedule No. 1 on meat and edible offal, not cut in pieces, frozen, of fowls of the species Gallus domesticus, classifiable under tariff subheading 0207.12, in such quantities, at such times and subject to such conditions as the International Trade Administration Commission (ITAC) may allow by specific permit after consultation with the Director General: The Department of Agriculture, Land Reform and Rural Development (DALRRD), for the duration of a shortage of chicken as a result of an outbreak of highly pathogenic avian influenza (HPAI) in South Africa, provided that ITAC or an equivalent authority in SACU member states, is satisfied that— |
| i. |
the chicken is only for consumption or manufacture of products for consumption in the country of import; and |
| ii. |
the chicken imported in terms of this rebate item is not re-exported to any other SACU member state.” |
| 3. |
“Temporary provision for a partial rebate of “full duty less 30%” on the customs duties in Part No. 1 of Schedule No. 1 on boneless cuts, frozen of fowls of the species Gallus domesticus, classifiable under tariff subheading 0207.14.1, in such quantities, at such times and subject to such conditions as the International Trade Administration Commission (ITAC) may allow by specific permit after consultation with the Director General: The Department of Agriculture, Land Reform and Rural Development (DALRRD), for the duration of a shortage of chicken as a result of an outbreak of highly pathogenic avian influenza (HPAI) in South Africa, provided that ITAC or an equivalent authority in SACU member states, is satisfied that— |
| iii. |
the chicken is only for consumption or manufacture of products for consumption, in the country of import; and |
| iv. |
the chicken imported in terms of this rebate item is not re-exported to any other SACU member state.” |
| 4. |
“Temporary rebate provision for the full customs duty in Part No. 1 of Schedule No. 1 on offal, frozen of fowls of the species Gallus domesticus, classifiable under tariff subheading 0207.14.2, in such quantities, at such times and subject to such conditions as the International Trade Administration Commission (ITAC) may allow by specific permit after consultation with the Director General: The Department of Agriculture, Land Reform and Rural Development (DALRRD), for the duration of a shortage of chicken as a result of an outbreak of highly pathogenic avian influenza (HPAI) in South Africa, provided that ITAC or an equivalent authority in SACU member states, is satisfied that— |
| i. |
the chicken is only for consumption or manufacture of products for consumption, in the country of import; and |
| ii. |
the chicken imported in terms of this rebate item is not re-exported to any other SACU member state.” |
| 5. |
“Temporary provision for a partial rebate of “full duty less 25%” on the customs duties in Part No. 1 of Schedule No. 1 on meat, frozen, other, of fowls of the species Gallus domesticus, classifiable under tariff subheading 0207.14.9, in such quantities, at such times and subject to such conditions as the International Trade Administration Commission (ITAC) may allow by specific permit after consultation with the Director General: The Department of Agriculture, Land Reform and Rural Development (DALRRD), for the duration of a shortage of chicken as a result of an outbreak of highly pathogenic avian influenza (HPAI) in South Africa, provided that ITAC or an equivalent authority in SACU member states, is satisfied that— |
| i. |
the chicken is only for consumption or manufacture of products for consumption, in the country of import; and |
| ii. |
the chicken imported in terms of this rebate item is not re-exported to any other SACU member state.” |
| 6. |
The above rebate provisions may allow by specific permit, after consultation with the Director General of the Department of Agriculture, Land Reform and Rural development (DALRRD), for the duration of the shortage of chickens as a result of an outbreak of highly pathogenic avian influenza (HPAI) in South Africa, valid for a period of 3 months from the date of implementation or such period as deemed appropriate by ITAC— |
| a) |
The meat subject to the provisions of this rebate item may not exceed a basic annual quota of 172 000 metric tonnes or such volume as the Commission may, in conjunction with the Minister of Agriculture, Land Reform and Rural Development and the Minister of Trade, Industry and Competition determine to be appropriate during the current HPAI outbreak in South Africa; which may be divided into four equal quarters i.e. 43 000 tons per Quarter, depending on the trajectory of the recovery of the domestic SA poultry industry; |
| b) |
Allocations: The allocation will be shared between HDIs and HIs on a 50/50 basis, with all applicants allocated the same minimum quantity, with additional quantities allocated by ITAC across all applicants based on their market share. All new entrants will be allocated a minimum quantity. |
| c) |
Rebate permits for the importation of poultry meat subject to the rebate provisions, will be allocated taking into account the following variables: |
| ❑ |
The market shares of applicants derived from historical import data for the past three years from the date of implementation of the temporary rebate provisions; |
| ❑ |
Quota applied for by applicants; |
| ❑ |
Number of applicants; and |
| ❑ |
The total quota available. |
| d) |
The annual quota period is for a period of 12 months, dependant on confirmation from DALRRD that the current HPAI outbreak still has an impact on domestic production and supply prior to any new permits being issued for a subsequent quarter under these rebate items; |
| e) |
The issuance of permits under the rebate provisions may be discontinued if DALRRD indicates that domestic production of poultry has satisfactorily recovered from the impact of the Highly Pathogenic Avian Influenza (“HPAI”) in South Africa; and |
| f) |
These rebate items may be suspended as from the date the Minister of Trade, Industry and Competition, in consultation with the Minister of Agriculture, Land Reform and Rural Development, submits written confirmation to ITAC that the shortage of poultry as a result of a HPAI outbreak in South Africa is under control and domestic production has returned to levels which safeguards food security in SACU. |
Mandating Procedures of Provinces Act, 2008
