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

Notices

Amended Export Control Guidelines on the Exportation of Ferrous and Non-Ferrous Waste and Scrap

8. Miscellaneous

 

8.1. Any member of the domestic consuming industry making an offer to purchase scrap metal, must notify ITAC thereof in writing (within 2 days of having made the offer).

 

8.2. All new entrant applicants will be subject to a verification inspection by ITAC before the application for an export permit is circulated to the various industry representative organizations. The inspection may delay the circulation of the application.

 

8.3. If an applicant for an export permit provides incorrect information in an application, ITAC may reject such application. If the incorrect information is provided on more than two (2) occasions, ITAC may take any actions available to it under the law.

 

8.4. Scrap metal listed in an application must be available for inspection by members of the domestic consuming industry and ITAC during the period that such application is circulated. To allow for inspection, the scrap metal must not be placed in any container that would prevent the inspection of any portion of the scrap metal.

 

8.5. To illustrate the above, the storage of scrap metal in an ocean freight container will not be permissible during the circulation period because only the portion of scrap at the very front of the container (i.e. near the door) can be readily inspected. In instances where scrap metal is containerised during the 15-day circulation period, making it impossible for ITAC or prospective buyers to inspect, an export permit will not be issued.

 

8.6. The applicant will not be permitted to make offers and purchase a particular grade of scrap metal at a price preference level, while its subsidiary/holding company receives export permits for the same grade of scrap metal. This would be against the objectives as outlined in paragraph 2 above.

 

8.7. ITAC will exempt affected exports from these requirements to the extent that application of these requirements would be in conflict with South Africa’s obligations under an existing trade agreement. Where such an allegation is raised with ITAC, it must be raised at the time an application form is submitted to ITAC and must be in sufficient detail for ITAC to understand the nature and basis of the allegation. ITAC will consider the merits of an allegation and make a decision that will be determinative thereof for purposes of the export permit application.

 

8.8. The foreign purchaser/user’s details must be reflected on each export permit. If it is not possible for the applicant to provide full details of the foreign purchaser/user on the export permit application form, this must be done once an export permit is approved. Specifically, in the event of a permit application being approved, the exporter will be advised of the decision, the ITAC reference number, grade of the material, quantity and value. On receipt of confirmation as indicated here-in above, the exporter must submit full details of the foreign purchaser/user, including the name, physical address and country of destination to ITAC, after which an export permit will be issued in which the foreign purchaser/user (consignee) details will be reflected.

 

8.9. The allocated volume of scrap metal per grade and quantity of scrap specified on each export permit issued, may not be transferred in any manner by the holder thereof to any other person, or be used to the benefit of any person not named in the permit.

 

8.10. Export documentation may be requested by ITAC after exportation of scrap metals. This may include documentation such as Second-hand Goods Act register entries for disposal, buyer’s purchase invoice, Bill of Lading, Bill of Entry for Export, SA Reserve Bank confirmation of payment received, etc.

 

8.11. The ISRI specification or grade of the scrap metal as declared to ITAC and reflected on the export permit must be declared on all export documentation including the sales invoice, container packing list, Bill of Lading and the Bill of Entry for Export.

 

8.12. Scrap metal must be containerised and sealed on the exporter’s registered and licenced premises as declared to ITAC, Export Control, after receipt of a valid ITAC export permit in which the scrap metal is clearly described, and scrap metal destined for export may not be containerised on any other premises not declared to ITAC in the application. Loaded and sealed containers for export must be conveyed from the exporter’s registered and licenced premises as declared to ITAC, directly to the port of export mentioned on the export permit.

 

8.13. A valid calibration certificate for each weighbridge and each scale used in the procurement and disposal of waste or scrap metal must be submitted to ITAC to ensure that correct quantities are declared.

 

8.14. All PPS-related transactions must be concluded during normal office hours, being 8.00 am to 5.00 pm weekly and 8.00 am to 1.00 pm on Saturdays or public holidays (excluding religious holidays), unless otherwise agreed upon by all parties involved in that particular transaction.

 

8.15. All export permit applicants must be in possession of an approved radiation detector to detect radio-active sources and material prior to off-loading of scrap metal which may contain such radio-active sources or material. A sworn affidavit from the applicant must be submitted to ITAC to confirm possession of such a detector in full working condition.

 

8.16. Payment for scrap metals purchased in terms of the PPS must be by means of bank transfer, electronic transfer or other payment methods but may not include payment in cash.