Non-Tariff Barriers

Non-Tariff Measure

NTM classification

P14: Product quality, safety, or performance requirements 

Date when the measure came into force

01 July 1955 

Publication where the measure is specified

Customs and excise Act as at January 2015 

Regulation where the measure is specified

Customs and excise Act as amended by G.N No 407 of 1963 and Act No. 4 of 1999 

Country/Region applying the measure

Zambia 

Coded list of objectives

X: For purposes n.e.s. 

Description of the measure

84 A. Any person who makes an entry for imported goods or goods which are to be imported or exported, shall, on making the entry, classify such goods in accordance with the First Schedule (Act No. 2 of 2008)
84B If the Commissioner General is satisfied that a tariff classification made under section eighty-four A-
(a) is inconsistent with the First Schedule; or
(b) is for any reason incorrect; the Commissioner-General shall amend such tariff classification, and the tariff classification as amended shall apply for purposes of this Act. (Act No. 2 of 2008)
84C. (1) An application for an advance tariff ruling in respect of imported goods, or goods to be imported or exported, may be made, by any person, to the Commissioner-General.
(2) An application for an advance tariff ruling referred to in subsection (1) shall be in the prescribed form and shall-
(a) contain a detailed description of the goods in question;
(b) state the suggested tariff classification of the goods in question;
(c) state the basis for the suggested tariff classification of the goods;
(d) where possible, be accompanied by a sample of the goods in question; and
(e) contain such other information as the Commissioner-General may require.
(3) Where the information provided by an applicant under subsection
(2) is not sufficient to enable the Commissioner-General to make a ruling on the tariff classification of the goods in question, the Commissioner-General shall require additional information from the applicant, prior to processing the application.
(4) The Commissioner-General shall, within ten working days from the date of receipt of a complete application, issue an advance tariff ruling, in accordance with the First Schedule, if the Commissioner-General is satisfied-
(a) that the application relates to an importation or exportation of goods actually envisaged;
(b) that the goods in respect of which the application is made are not the subject of litigation; or
(c) where the goods have already been imported, that the goods are not the subject of a dispute between the applicant and the Authority:Provided that if the Commissioner-General, fails to issue an advance
tariff ruling within the period specified in this subsection, the Commissioner - General shall notify the applicant in writing stating the reasons for the failure and advise the applicant when a ruling shall be made
(5) The Commissioner-General may refuse to issue an advance tariff ruling under this section if the Commissioner-General is not satisfied with respect to any of the matters specified in paragraphs (a), (b) and (c) of
subsection (4).
(6) Where the Commissioner-General refuses to issue an advance tariff ruling under this section, the Commissioner-General shall notify the applicant in writing of the refusal to J: issue an advance tariff ruling and shall state the reasons for the refusal.
(7) An advance tariff ruling issued under this section shall -
(a) describe the particular goods in respect of which itis issued; and
(b) be valid for such period as the Minister may, on the recommendation of the Authority, by statutory instrument, prescribe.
(Act No. 2 of 2008)
84E. An advance tariff ruling issued under section eighty-four C shall be applied solely-
(a) in respect of particular goods where it is established to the satisfaction of the Commissioner-General that the goods in question conform in all material respects to those described in the advance tariff ruling so issued; and
(b) for the purpose of determining-
(i) import or export duties; and
(ii) rebates, remissions or refunds.
(Act No. 2 of 2008)
84F Where an entry is made on the basis of an advance tariff ruling issued by the Commissioner-General under this Act, and a question arises concerning the tariff classification of the goods, the burden of proof shall be on the person claiming that the advance tariff ruling was made by the Commissioner-General.(Act No. 2 of 2008) 

Reference of the measure

Part III A Para 84 A to F 

Measure also domestic

No 

Products affected by the measure.

Description

All exports 

Countries/Regions affected by the measure.

Description

Zambia