Part 1
Introductory provisions
Purpose of this Chapter
407. The purpose of this Chapter is to regulate the inward processing procedure.
5 10 15 20 25 30 35 40 45 50
Inward processing procedure303
408. (1) Inward processing is a customs procedure that allows—
(a) imported goods—
(i) to be processed in the Republic without clearing the goods for home use under Chapter 8; and
(ii) for purposes of such processing to be—
(aa) transported without clearing the goods for national transit; and (bb) stored without clearing the goods for warehousing; and (b) products obtained from the processing of those goods—
(i) to be exported under this procedure as inward processed compensating products; and
(ii) for purposes of such export to be—
(aa) stored without clearing the products for warehousing; and (bb) transported without clearing the products for national transit. (2) The inward processing procedure is available only for imported goods referred to in section 412(a).
Commencement and completion of inward processing procedure
409. (1) (a) Imported goods come under the inward processing procedure when the
goods are cleared for inward processing.
(b) The inward processing procedure is, subject to subsection (2), completed when the products obtained from the processing of those goods are cleared and released for export as inward processed compensating products and exported from the Republic.
(2) The inward processing procedure ends before its completion if—
(a) the imported goods before completion of the procedure are cleared and released for another customs procedure or for home use, as may be permissible in the circumstances; or
(b) completion of the procedure is interrupted by an occurrence referred to in section 109(2).
Extent to which Chapters 4 and 7 apply
410. Chapters 4 and 7, except insofar as a provision of those Chapters is modified,
qualified or deviated from in this Chapter, apply to all goods under the inward processing procedure,304including to the clearance and release of—
(a) imported goods for inward processing; and
(b) goods to be exported as inward processed compensating products.
Part 2
Clearance and release of imported goods for inward processing
Clearance of imported goods for inward processing
411. Imported goods to be cleared for inward processing must be cleared in
accordance with section 410(a).
Conditions for clearance of imported goods for inward processing
412. Imported goods may be cleared for the inward processing procedure only if—
(a) those goods are of a class or kind authorised in any of the tax levying Acts as goods that may be cleared for inward processing;
(b) the requirements applicable to the clearance for inward processing of goods of that class or kind have been complied with, including any requirements and conditions as may be—
(i) prescribed by rule;
(ii) specified in a tax levying Act referred to in paragraph (a); or
303. For tax status of goods under the inward processing procedure, see section 148.
304. In the case of an inconsistency between a provision of this Chapter and a general provision contained in Chapter 4 or 7 the provision of this Chapter prevails. See sections 88(3) and 162(3).
5 10 15 20 25 30 35 40 45
(iii) determined in terms of any other applicable legislation;
(c) the premises where the inward processing of the goods is to be carried out are licensed as premises for inward processing;
(d) the licensee of those premises who is to carry out the inward processing of the goods—
(i) undertakes to comply with the requirements applicable to the inward processing of such goods, including any requirements and conditions as may be—
(aa) prescribed by rule;
(bb) specified in a tax levying Act referred to in paragraph (a); or (cc) determined in terms of any other applicable legislation; and (ii) has granted permission for the inward processing of the goods on those
premises and has advised the customs authority electronically in accordance with section 913 of such permission, if that licensee is not the person who cleared the goods for inward processing;
(e) any import tax that may become payable on the goods is covered by security; and
(f) measures have been taken to ensure that when goods are cleared for export from the Republic in terms of Part 3 as inward processed compensating products obtained from the imported goods, those goods could be verified as compensating products obtained from those imported goods.
Persons entitled to submit inward processing clearance declarations
413. Only the following persons may, subject to section 165(2), submit clearance
declarations to clear imported goods for inward processing:305
(a) The importer of the goods, provided that the importer is licensed in terms of Chapter 29 to import goods for inward processing;
(b) the licensee of the inward processing premises where the processing of the goods is to be carried out; or
(c) a customs broker referred to in section 165(1)(b).
Contents of inward processing clearance declarations
414. A clearance declaration for inward processing of imported goods must, in
addition to the information required in terms of section 167, state— (a) that the goods are cleared for the inward processing procedure;
(b) the item number in a tax levying Act referred to in section 412(a) authorising the clearance of goods of the relevant class or kind for inward processing; (c) details of any permit, permission or authorisation granted in respect of the
goods in terms of any condition— (i) as may be prescribed by rule;
(ii) specified in a tax levying Act referred to in section 412(a); or (iii) determined in terms of any other applicable legislation; and
(d) the customs code of the licensed inward processing premises where the goods will be processed under that procedure.
Release of imported goods for inward processing306
415. (1) (a) When goods are released for the inward processing procedure, the goods
must be delivered to the licensed inward processing premises where the goods will be processed under that procedure unless the customs authority authorises307the goods to
be taken to another location.
(b) When goods released for inward processing are delivered to the licensed premises where the goods will be processed or to that other location—
(i) the carrier that transported the goods must notify the customs authority of the delivery; and
(ii) the licensee must notify the customs authority of the receipt of the goods, if the goods were delivered to those licensed premises.
305. See section 165(1)(a).
306. If the release of goods for inward processing is refused, section 106 applies. 307. See section 918 for authorisations granted on conditions.
5 10 15 20 25 30 35 40 45 50
(c) No person may redirect goods that are cleared for inward processing to a place other than the licensed premises or that other location.
(2) The release of goods for the inward processing procedure is subject to compliance with any conditions or requirements—
(a) referred to in section 412(d); (b) as may be prescribed by rule; and
(c) as may be determined by the customs authority in terms of section 104 in a specific case.
Part 3
Clearance and release of goods for export as inward processed compensating products
Clearance of goods for export under inward processing procedure
416. Goods to be cleared for export as inward processed compensating products must
be cleared for export in accordance with Chapter 16308read with section 410(b).
Conditions for clearance of goods for export as inward processed compensating products
417. Goods may be cleared for export as inward processed compensating products
only if—
(a) this Act have been complied with in respect of the inward processing of the imported goods from which those compensating products were obtained; and (b) any conditions subject to which those imported goods were released for
inward processing in terms of section 415 have been complied with.
Time limits on clearance for export of inward processed compensating products 418. (1) Goods to be cleared for export as inward processed compensating products
must be cleared—
(a) within a timeframe as may be determined in a tax levying Act referred to in section 412(a) for the class or kind of imported goods from which those products were obtained or, if two or more tax levying Acts authorise the same class or kind of imported goods to be cleared for inward processing, within a period determined uniformly in those tax levying Acts for that class or kind of goods; or
(b) if no period is in terms of paragraph (a) determined for the relevant class or kind of imported goods, within two years from the date of import of the first constituent goods from which the compensating products were obtained. (2) A person who cleared goods for inward processing must immediately notify the customs authority of any failure to comply with subsection (1).
(3) A timeframe referred to in subsection (1)(a) or (b) is subject to extension or shortening in terms of section 908 or 909.
Export of inward processed compensating products
419. Goods may be cleared and released for export as inward processed compensating
products despite the fact that—
(a) not all the compensating products obtained from the imported goods that are cleared and released for inward processing are to be exported, subject to section 423;
(b) the compensating products are exported in separate consignments, provided that a separate export clearance declaration is submitted in respect of each consignment; or
(c) the compensating products are exported at a place of exit other than the place of entry through which the goods from which the products were obtained were originally imported.
308. See also section 361(2)(c) which states that Chapter 16 applies to goods destined for export as inward processed compensating products.
5 10 15 20 25 30 35 40 45 50
Persons entitled to submit export clearance declarations for inward processed compensating products
420. Only the following persons may, subject to section 165(2), submit clearance
declarations to clear goods for export as inward processed compensating products:309
(a) The person who originally cleared for inward processing the imported goods from which those products were obtained;
(b) the licensee of the inward processing premises where the processing of the goods had been carried out;
(c) the exporter of the inward processed compensating products, provided that the exporter is licensed in terms of Chapter 29 to export inward processed compensating products; and
(d) a customs broker referred to in section 165(1)(b).
Contents of export clearance declarations for inward processed compensating products
421. A clearance declaration submitted in terms of Part 2 of Chapter 16 for the export
of goods as inward processed compensating products must, in addition to the information required in terms of sections 167 and 367, state—
(a) that the goods are exported as inward processed compensating products; (b) the reference number and date of the inward processing clearance declaration
submitted in respect of the imported goods from which those compensating products were obtained.
Part 4
Provisions regulating goods under inward processing procedure
Imported goods under inward processing procedure to be used only for production of inward processed compensating products
422. (1) Imported goods cleared and released for inward processing may be used only
for the production of goods for export as inward processed compensating products, subject to subsection (2) and section 424.
(2) If goods under the inward processing procedure are for any reason no longer intended to be used, or are not used, for the purpose referred to subsection (1), the person clearing the goods must promptly clear those goods in terms of section 110 for another customs procedure or for home use, if permissible in the circumstances.
(3) Section 106 applies if goods are cleared in terms of subsection (2) for another customs procedure or for home use and the release of the goods for that customs procedure or for home use is refused.310
Compulsory export of inward processed compensating products
423. (1) Inward processed compensating products must be exported from the
Republic unless the imported goods from which those compensating products were obtained are in terms of section 110, read with subsection (2), cleared and released for home use before the expiry of the timeframe applicable to those compensating products in terms of section 418.
(2) A clearance declaration to clear imported goods for home use as contemplated in subsection (1) may be submitted to the customs authority only if—
(a) the person who cleared those imported goods for inward processing has submitted to the customs authority a motivated application for permission to clear the goods for home use; and
(b) the customs authority has granted permission to that person to clear the goods for home use.
309. See section 165(1)(a). 310. See sections 99 and 100.
5 10 15 20 25 30 35 40 45
(3) If an application submitted to the customs authority in terms of subsection (2) is refused, the inward processed compensating products obtained from those imported goods must—
(a) before the expiry of the timeframe applicable to those products in terms of section 418 be cleared for export; and
(b) be exported from the Republic.
By-products and commercially valuable waste
424. (1) If by-products or commercially valuable waste is, in addition to
compensating products, obtained from the processing of imported goods under the inward processing procedure, the by-products or waste must within the timeframe referred to in section 418 be cleared for export in terms of Part 3 as if the by-products or waste were inward processed compensating products.311
(2) By-products or commercially valuable waste may, despite subsection (1), be allowed into free circulation provided—
(a) the clearance declaration submitted to clear the imported goods for inward processing is amended to exclude from that declaration a quantity of the imported goods which in accordance with a conversion rate determined in terms of section 425 equals the quantity of such by-products or waste; and (b) the quantity of imported goods excluded from that clearance declaration in
terms of paragraph (a) is cleared for home use under Chapter 8 within the timeframe applicable to the goods in terms of section 418.
(3) A clearance in terms of subsection (2)(b) takes effect from the time the goods were cleared for inward processing.312
Conversion rates
425. (1) The licensee of the inward processing premises where imported goods are
processed under the inward processing procedure must determine a conversion rate, approved by the customs authority, that must for purposes of this Chapter be used for determining—
(a) the quantity of compensating products, and of by-products or waste, that should in the ordinary course of processing the imported goods for the relevant purpose be obtained from a specific quantity of those goods; or (b) the quantity of those imported goods that, in the ordinary course of processing
the goods for the relevant purpose, would have been used in order to obtain a specific quantity of compensating products, by-products or waste.
(2) Quantities may for purposes of subsection (1) be determined by number, weight, volume or any other measuring unit, as may be appropriate.
(3) In determining a conversion rate, account must be taken of any— (a) evaporation;
(b) drying-out;
(c) any other losses that may result from the nature of the goods used; and (d) any other relevant factors.
Identification measures
426. The customs authority may take such steps as are necessary for the identification
of goods to be exported as inward processed compensating products, including by— (a) recording any specific marks or numbers on the imported goods that are
cleared for inward processing;
(b) affixing any seals, stamps or individual marks to such goods;
(c) taking any samples or making use of any illustrations or technical descriptions of such goods; and
(d) requesting any documentary evidence concerning the processing of the goods.
311. The effect of this provision is that by-products and waste must be cleared for export in accordance with the provisions applicable to the clearance of inward processed compensating products. 312. For time of clearance of goods, see section 173.
5 10 15 20 25 30 35 40 45 50
Records and stocktaking
427. (1) The licensee of inward processing premises where imported goods are
processed under the inward processing procedure must keep such records and submit such reports to the customs authority in respect of the imported goods and the compensating products, by-products and commercially valuable waste obtained from the imported goods, as may be prescribed by rule or as the customs authority may require in a specific case.
(2) A customs officer may at any time during an inspection in terms of Chapter 33— (a) examine records kept in terms of subsection (1); and
(b) take stock of—
(i) imported goods cleared and released for inward processing;
(ii) any compensating products, by-products and waste obtained from those goods; and
(iii) any other goods present on the licensed inward processing premises where the imported goods are processed.
(3) If during any stocktaking imported goods under the inward processing procedure are found to be—
(a) greater than the quantity, weight or volume that should be on hand on the inward processing premises where the goods are processed, the excess must be taken as stock on hand; or
(b) less than the quantity, weight or volume that should be on hand on the premises, the shortfall must be dealt with in terms of Chapter 25 as goods unaccounted for.
Subcontracting of inward processing operations
428. (1) (a) The licensee of inward processing premises where imported goods are
processed under the inward processing procedure may only with the approval of the customs authority313appoint a person as a subcontractor to undertake any aspect of such
processing.314
(b) Paragraph (a) does not apply if the premises where the subcontracted processing is to be carried out are licensed inward processing premises and the subcontractor is the licensee of those premises.
(2) The premises on which the subcontracted processing is to be carried out must be licensed inward processing premises if the annual business turnover on those premises exceeds an amount as may be prescribed by rule.
(3) Application for an approval in terms of subsection (1)(a) must be made— (a) to the customs authority before the goods are delivered to the subcontractor;
and
(b) in the form and format, and in accordance with such requirements, as may be prescribed by rule.
Use of equivalent goods
429. (1) The customs authority may grant permission315to the licensee of the inward
processing premises where goods are processed under the inward processing procedure to replace imported goods that are cleared and released for inward processing with goods in free circulation identical in description, quality, technical characteristics and quantity for use in the production of inward processed compensating products.
(2) If the customs authority has granted permission in terms of subsection (1) for equivalent goods to be used, those equivalent goods must for all purposes be regarded to be the imported goods cleared and released for inward processing.
313. See section 918 for granting of approvals on conditions.
314. Where a subcontractor undertakes any aspect of the inward processing of goods, the licensee appointing the subcontractor remains liable for the completion of the inward processing procedure. 315. See section 918 for granting of permissions on conditions.
5 10 15 20 25 30 35 40 45
Part 5 Other matters
Additional grounds for regarding goods under inward processing procedure to be cleared for home use316
430. (1) Imported goods under the inward processing procedure must in terms of
section 125(1) for tax purposes be regarded to be cleared for home use under Chapter 8—317
(a) if the goods are in breach of section 422 used for a purpose other than the production of inward processed compensating products of the class or kind stated in the inward processing clearance declaration of the goods; or (b) if compensating products obtained from the processing of those goods—
(i) are for any reason not cleared for export as inward processed compensating products within the timeframe applicable to those compensating products in terms of section 418, subject to section 423(1); (ii) are diverted for home use;
(iii) are cleared and released for export as inward processed compensating products but not exported from the Republic within a timeframe prescribed by rule; or
(iv) are damaged, destroyed, lost or unaccounted for and it is not proved in accordance with Part 2 of Chapter 25—
(aa) that the compensating products were damaged, destroyed, lost or unaccounted for due to a recognised cause318; or
(bb) in the case of compensating products lost due to a recognised cause,