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

Regulations

Automotive Production and Development Programme (APDP) Regulations

Part A - Definitions

1. Definitions

 

"Automotive tooling"

means—

(i) dies for drawing or extruding metal, of subheading 8207.20;
(ii) tools for pressing, stamping or punching, of subheading 8207.30;
(iii) work holders of subheading 8466.20;
(iv) assembly jigs and assembly lines, of subheading 8479.89; and
(v) injection moulds, moulding patterns and moulds of heading 84.80, where the principle use is for the manufacture of specified motor vehicles, heavy vehicles as defined in note 1 to rebate item 317.07 and automotive components for such motor vehicles;

 

"APDP"

means the Automotive Production and Development Programme;

 

"APDP Info Docs"

refers to those documents that provide additional information and set forth additional rules and conditions for the APDP, and may refer to either Info Doc A, Info Doc B and/or Info Doc C, depending on the context;

 

"component"

means a new article manufactured in SACU which can be identified as being suitable for use in the manufacture of:

(i) Specified motor vehicles manufactured under Rebate Item 317.03 of Schedule No. 3 to the Customs Act;
(ii) Specified motor vehicles manufactured abroad;
(iii) Medium and heavy motor vehicles manufactured under rebate item 317.07 of Schedule No. 3 to the Customs Act; and
(iv) Medium and heavy motor vehicles manufactured abroad;

 

"consumables"

mean those goods which are used in the manufacture of motor vehicles and components thereof, but do not form part of such motor vehicles or components;

 

"CSP"

means the company specific percentage;

 

"Customs Act"

means the Customs and Excise Act, 1964 (Act No. 91 of 1964);

 

"EDD"

means the Economic Development Department of South Africa;

 

"eligible products"

mean those specified motor vehicles and/or components and tooling adhering to the qualifying criteria set out in section 9 hereof;

 

"EPC"

means the eligible production certificate envisaged in terms of Section 9 hereof;

 

"final manufacturer"

means the following entities based in South Africa:

(i) Registered light motor vehicle manufacturers, manufacturing specified motor vehicles in South Africa adhering to the qualifying criteria as set out under section 9, according to the extent of assembly provided for in Note 5 to Chapter 98 of Part 1 of Schedule No. 1 to the Customs Act;
(ii) Component manufacturers manufacturing components adhering to the qualifying criteria as set out under section 9;
(iii) Automotive tooling manufacturers; and
(iv) Registered light motor vehicle manufacturers recovering the cost of:
• platinum group metals which were sold to a final manufacturer of a catalytic converter and other costs relating to the manufacture thereof; and
• value adding activities applicable to products bought from a component manufacturer, noted in (ii), and exported;

 

"Form C1"

means a certificate declaring the imported component values in respect of components received from any person in the SACU for use in the manufacture of specified motor vehicles;

 

"imported component value"

means the value for customs duty purposes of any imported original equipment components imported by the registrant or imported by or received from any person in SACU and used in the manufacture or assembly of original equipment components or specified motor vehicles;

 

"ITAC"

means the International Trade Administration Commission of South Africa established in terms of section 7 of the International Trade Administration Act, 2002, (Act No. 71 of 2002);

 

"Minister"

means the member of the Cabinet responsible for trade and industry;

 

"OEM"

means a registered light motor vehicle manufacturer in terms of Note 1 to Chapter 98 of Part 1 of Schedule No. 1 to the Customs Act;

 

"PI"

means production incentive;

 

"PRCC"

means a production rebate credit certificate as described in Section 6 hereof;

 

"quarter"

means a calendar quarter, unless otherwise specified in these Regulations, and refers to the period 1 January to 31 March, the period 1 April to 30 June, the period 1 July to 30 September and the period 1 October to 31 December;

 

"registered light motor vehicle manufacturer"

means a manufacturer of specified motor vehicles;

 

"SACU"

means the Southern African Customs Union;

 

"SARS"

means the South African Revenue Service;

 

"selling price"

means the price as indicated in the invoice of the final manufacturer exclusive of VAT, ad valorem excise duty, environmental levy and any other cost which has no bearing on manufacturing, as specified in note 4.3 to APDP Info Doc A;

 

"specified motor vehicles"

means:

(i) road tractors or semi-trailers of subheading 8701.20 of a vehicle mass not exceeding 1 600 kg;
(ii) motor vehicles for the transport of ten or more persons, including the driver, of heading 87.02, of a vehicle mass not exceeding 2 000 kg, (excluding those of subheading 8702.10.10);
(iii) motor cars (including station wagons) of heading 87.03;
(iv) motor vehicles for the transport of goods of heading 87.04 of a vehicle mass not exceeding 2 000 kg or a G.V.M. not exceeding 3 500 kg or of a mass not exceeding 1 600 kg or a G.V.M. not exceeding 3 500 kg per chassis fitted with a cab (excluding motor vehicles of subheading 8704.10, shuttle cars and low construction flame-proof vehicles for use in underground mines and off-the-road logging trucks); and
(v) chassis fitted with engines of heading 87.06, of a mass not exceeding 1600 kg or a G.V.M. not exceeding 3 500 kg (excluding those for motor vehicles of subheading 8704.10, shuttle cars and low construction flame-proof vehicles, for use in underground mines and off-the-road logging trucks);

 

"standard materials"

mean locally beneficiated raw materials originating in the SACU which have been processed to suit automotive specifications;

 

"SVA"

means standard value added, which is the portion or percentage of standard material, deemed to be local value added;

 

"thedti"

means the Department of Trade and Industry;

 

"value added"

means the selling price less the value of non-qualifying material and components;

 

"VAA"

means volume assembly allowance;

 

"vulnerable industry"

means those industries determined by the Minister which will be eligible for an improved level of support under the APDP and as specified in note 4.4.2 to APDP Info Doc A; and

 

"vulnerable products"

mean those products determined by the Minister which will be eligible for an improved level of support under the APDP and as specified in note 4.4.2 to APDP Info Doc A.