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

Notices

Policy Directive issued in terms of Section 5 and Notice in terms of Section 6 of the Act on the Exportation of Ferrous and Non-Ferrous Waste and Scrap Metal

2. Policy Directive and Notice

 

2.1 The Minister hereby issues a Trade Policy Directive in terms of section 5 of the Act that ITAC shall—

 

2.1.1 as a matter of urgency investigate whether the price preference system is achieving the objectives of the Policy Directive and in particular (but without limitation), whether there is a shortage of scrap metal for the domestic processing industry, whether the discount, delivery and payment terms should be amended and whether another formula should be applied to achieve the objectives ("the investigation");
2.1.2 complete the investigation within a period of two months from the date of publication of this Trade Policy Directive and Notice;
2.1.3 if as a result of the investigation ITAC finds that the price preference system requires amendment in order to achieve the objectives of the Policy Directive, amend the price preference system (subject to the terms of the Policy Directive); and
2.1.4 keep the suspension of the operation of the price preference system and the guidelines in place until 2 October 2020 or until the publication of amendments to the price preference system, which ever occurs first, and not accept or process any applications for an export permit for scrap metal made after 3 July 2020, provided that the price preference system and guidelines shall continue to apply to applications made before 3 July 2020, and export permits may be issued in respect of those applications.

[Directive 2(2.1.4) substituted by section 2(2.1) of Notice No. R. 952, GG43677, dated 2 September 2020]

 

2.2 Notwithstanding the Export Control Notice, the Minister prescribes, in terms of section 6 of the Act, that no ferrous and non-ferrous waste and scrap of a kind listed in the schedule hereto may be exported from the Republic from 3 July 2020 until 2 October 2020 or until the publication of amendments to the price preference system, which ever occurs first, provided that—

[Words preceding directive 2(2.2)(2.2.1) substituted by section 2(2.2) of Notice No. R. 952, GG43677, dated 2 September 2020]

2.2.1 ferrous and non-ferrous metals for which export permits were issued:
2.2.1.1 prior to the date of publication of this Trade Policy Directive and Notice; and
2.2.1.2 after the date of publication of this Trade Policy Directive and Notice in respect of applications made before the date of publication of this Trade Policy Directive and Notice,

may be exported;

2.2.2 ITAC may consider export permit applications for the exportation of certain grades of ferrous and non-ferrous metals listed in the Schedule hereto for which it determines—
2.2.2.1 are not used by the domestic processing industry; or
2.2.2.2 through confirmation received from the domestic processing industry or the dtic sector desk, that the industry is not consuming this grade of scrap at the time of application.

Ferrous and non-ferrous metals for which export permits are issued in terms of this paragraph may be exported notwithstanding paragraph 2.2 above.

[Directive 2(2.2.2) substituted by section 2(2.3) of Notice No. R. 952, GG43677, dated 2 September 2020]