International Trade Administration Amendment Bill, is hereby published for public comment.
Written comments must be received no later that 04 November 2005.
(As introduced in the National Assembly as a section explanatory summary of Bill published in Government Gazefte No.
To amend the International Trade Administration Act, 2002, so as to provide for the -.
9 by the substitution for the definition of "safeguard measure"of the following definition: "safeguard measure" means a remedy tor DrOCedurd for use in response to disruptive competition.".
Amendment of section 4 of Act 710f 2002 2. Section 4 of the principal Act is hereby amended by the deletion in subsection (7) of paragraph (a).
Amendment of section 10 of Act 71of 2002 3. Section 10of the principal Act is hereby amended by the substitution for subsection (3)of the following subsection: "(3) A member of the Commission must comply with [any prescribed] g code of conduct For members] adopted by the Commission .".
Amendment of section 12 of Act 71 of 2002 4.
Three members of the Commission present at a meeting of the Commission [forms] form a quorum.
Amendment of section I5 of Act 71 of 2002 5.
any of its functions interms of subsection (4).
the person or committee to whom the function on the execution of that function.
Amendment of section 16of Act 71 of 2002 6.
"(c) applications interms of section 26 with regard to amendment of customs duties and creation or amendment of rebate Drovisions in the Common Customs Area; and. ".
Amendment of section 24 of Act 71 of 2002 7.
bv the Auditor-General must each year audit the financial records of the Commission.
Amendment ofsection 26 of Act 71 of 2002 8.
A person may, in the Iprescribeq apply to the Commission for -m.
"(e) an amendment of Schedule 3.4 or 5 to the Customs and ExciseAct. 1964 (Act No. 91 of 19641.".
Amendment of section 31 of Act 71 of 2002 9.
an am lication for a customs duty amendment received by that member state and to make recommendations on the matter to the tariff board or the relevant national body.
"(i) the comparable price paid or payable in the ordinary come of trade for like goods intended for consumption in the exporting country or country of origin sold bv the exporter. or. ifthe like croods the exporter. bv another seller or seller of the like aoods or; ".
"(bb)the highest comparable price of the like product when exported Po an appropriate third or surrogate country as long as that price is representative bv the exporting country or the countw of onain to an appropriate third countrv:".
(4) If the Commission, when evaluating an application concerning dumping, concludes that [the normal value of the goods in question is, as a result of government intervention in the exporting country or country of origin, not determined according to free market principles, the Commission may apply to those goods a normal value of the goods, established in respect of a third or surrogate country] a r>articular market situation makes the determination of the normal value as inappropriate.
the normal value determined for a third or surroaate any other reasonable basis.
may when evaluating an application concerning dumping that meets the criteria set out in subsection determine the export price for the goods in question on the basis of the price at which the imported goods are first resold to an independent buyer, if applicable, or on any reasonable basis.
duty shall expire from the date of the Dublication of the final determination: or b five years from the conclusion of the most recent review which has covered both d umpinq unless it is determined in a review that the expiry would Drobablv result in a continuation or recurrence of dumDina.
3 continuation or recurrence of dumDinQ.
subsidisation initiated before the expiry of the aforesaid Period of five vears and the review has not been concluded before such expirv.
the outcome of such a review.
The need for the continued imposition of anti-dumpina be reviewed, where iustified. on the initiative of the Commission.
duty, upon a request bv any exporter.
producers which contains sufficient evidence of the chanaed circumstances substantiatina the need for such an interim review.
A review may be carried or subsidisation for new exporters in an exportinq reviews where no exports to SACU took place durina the period of investiqation.
Where the Minister, on the recommendation of the Commission.
Amendment of section 33 of Act 71 of 2002 11.
The Commission may disreaard any information for which the p it fails to provide either a satisfactow written abstract or satisfactow reasons whv such abstract can not be provided.
Repeal of section 34,35,36 and 37 of Act 71 of 2002 12. Sections 34,35,36 and 37of the principal Act are hereby repealed.
shall be afforded an opportunitv to comment on the matter.
Insertion in section 54 of Act 71 of 2002 14.
or other person without havinq reasonable cause for believing at the time of such acauisition or receipt that such goods were lawfully imported into the Republic.
above. in the absence of evidence to the contrarv raising reasonable doubt, proof of possession shall be sufficient evidence of the absence of reasonable cause.
Dart such aoods shall be deemed to be abandoned and forfeited to the State.
in contravention of this-Aet.
the continued-possession of such aoods will be unlawful.