7.6 Goods Taken for Sample
Owners of the stored goods have the right to take samples. The
quantity of a sample to be removed from a customs warehouse is
determined depending on the purpose of the sample. The quantity
of the sample must be sufficient to:
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• ascertain the type and the material content of goods to classify
them under the proper tariff headings;
• ascertain the type, quality and origin of goods for valuation
purpose;
• satisfy a court or police order requiring the presentation of a
sample for inspection;
• ascertain that the price indicated on the invoice is actually
related to the specified item; or
• fulfill other purposes determined by ERCA’s Director General.
Samples taken must normally be returned in the same quantity and
condition once the purpose for which they are taken out is fulfilled.
If it is not possible to return them because of their nature or by
reason of their being used for analysis, the sample shall be deduced
from the goods being warehoused for the purpose of assessment of
duties, taxes and other charges.
7.7 Disposal of Abandoned Goods
Goods are considered abandoned when they are not collected by
their owners in time (see section 7.3 above) from the warehouse. If
the owner notifies the abandonment in writing before the expiry of
the period of storage in temporary and bonded warehouses, they
will be put on sale and their proceeds go to Government. The same
applies for forfeited goods.
If there is no notification by the owner, the goods will be transferred
to a Government customs warehouse and will be disposed by sale.
If the goods don’t have market value, ERCA will decide on them.
The owner of the goods may claim the proceeds from the sale of the
goods after deduction for.
• Duties and taxes;
• Expenses incurred by ERCA in relation to the goods;
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• The warehouse fee and transportation expenses; and
• Interest calculated at bank lending rate on the amounts
referred to above.
However, the refund has to be claimed by the owner of the goods
within six months from the date of sale of the goods. Otherwise the
Government will consider it as surrendered.
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