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International Trade Administration Act, 2002 (Act No. 71 of 2002)

Amended Tariff Investigations Regulations

Part A : Definitions

1. Definitions

 

"Act"

means the International Trade Administration Act, 2002 (Act No. 71 of 2002), as amended from time to time.

 

"applicant"

means a domestic party submitting an application as provided for in section 6 for purposes of initiating an investigation.

 

"Commission"

means the International Trade Administration Commission of South Africa established in terms of section 7 of the Act.

 

"correspondence"

means any written communication by a party submitted by hand delivery, mail, facsimile or electronically to the Commission for purposes of an investigation.

 

"customs duty"

means any duty leviable under Part 1 of Schedule No. 1 to the Customs and Excise Act, 1964 (Act No. 91 of 1964) on imported goods.

 

"deadline"

means the final date for submissions, responses, comments and requests and the like to the Commission as envisaged by the different sections of these regulations, and shall be deemed to be at 15h00 South African standard time on such date, unless expressly otherwise indicated.

 

"domestic"

as used in these regulations relates to industries within the SACU.

 

"good cause"

for an extension of the deadline for the submission of information, as referred to in sections 12.4 and 20.4, does not include merely citing insufficient time to complete a response.

 

"interested parties"

may include known—

(a) SACU producers;
(b) SACU exporters;
(c) SACU importers;
(d) trade or business associations whose members are SACU producers, exporters or importers; and
(e) trade unions whose members are employees of SACU producers.

This does not preclude the Commission from accepting, on its own initiative or upon request, other parties as interested parties in an investigation.

 

"Minister"

means the member of the Cabinet, which body is referred to in section 91 of the Constitution, responsible for trade and industry.

 

"rate of effective protection"

means the rate of protection applicable to the value added process given the nominal rates of duty protection on the input materials and the end product.

 

"SACU"

means, as per the SACU Agreement of 2002, the Southern African Customs Union between -

(a) the Republic of Botswana;
(b) the Kingdom of Lesotho;
(c) the Republic of Namibia;
(d) the Republic of South Africa; and
(e) the Kingdom of Swaziland.

 

"SACU Agreement"

means the Agreement establishing SACU, as referred to in the Act.

 

"Tariff Board"

means the SACU Tariff Board established by Article 7 of the SACU Agreement.