(1)
| (a) |
Subject to the provisions of paragraph (b) a liquor product imported on the authority of an import certificate shall remain in a customs and excise warehouse until a certificate of removal has been issued in respect thereof by the administering officer. |
| (b) |
The administering officer may, in the case of a consignment packed or contained in a sealed shipping container, on application approve that such shipping container may be removed from a customs and excise warehouse to such other premises as he may determine, on condition that the liquor product concerned may not be removed from the shipping container before a certificate of removal has been issued in respect thereof. |
(2)
| (a) |
An application for a certificate of removal shall be made on a form obtainable from the administering officer for this purpose. |
| (i) |
be completed by the importer concerned or a person duly authorized to apply on his behalf; |
| (ii) |
be accompanied by the prescribed fees, as well as the bill of entry or pro forma invoice in respect of the product concerned, and any other documents required in terms of conditions determined under section 16(4)(a) of the Act and endorsed on the import certificate concerned; and |
[Regulation 48(2)(b)(ii) substituted by regulation 6 of Notice No. R. 678 of 2001]
(iii) be lodged with the administering officer.
(3)
| (a) |
The administering officer may for the purposes of the consideration of an application referred to in subregulation (2), require that the importer concerned supply to him a sample of the liquor product concerned. |
| (i) |
consist of at least 750 ml of the liquor product concerned; |
| (ii) |
in the case of a liquor product imported in the labelled containers in which it is to be sold in the Republic, consist of at least one such labelled container; |
| (iii) |
be taken at random from the consignment concerned; |
| (iv) |
be taken thus by the importer concerned or his agent under the supervision of the administering officer, and be suitably sealed; |
| (v) |
be identified by affixing a label thereto on which the number of the import certificate concerned and the name and address of the importer concerned are indicated; |
| (vi) |
be forwarded to or delivered at the office of the administering officer by the importer concerned or his agent; and |
| (vii) |
as soon as practicable after receipt thereof by the administering officer, be analysed by an analyst. |
| (4) |
A certificate of removal shall be issued in respect of a liquor product only if the administering officer is satisfied that— |
| (a) |
the particulars of the product in respect of which it is required corresponds with that of the liquor product in respect of which the import certificate concerned was issued; |
| (b) |
in the case of a liquor product imported in the labelled containers in which it is to be sold in the Republic, those labels comply with the requirements of the Act and these regulations; and |
| (c) |
the conditions determined under section 16(4)(a) of the Act in respect thereof and endorsed on the import certificate concerned have been complied with. |
| (5) |
The provisions of section 16(5) of the Act shall apply mutatis mutandis to a product in respect of which the administering officer refuses to issue a certificate of removal. |
Protection of Businesses Act, 1978
