|CHAPTER 1 - CUSTOMS AND EXCISE (1ST BOOKLET) CODE | HOME|
|119. Variation of rates of duty.|
|Arrangements for bilateral relief of duty.||Effect of alteration of duty on contract for sale.|
|Variation of rates of duty. 9 of 1992, s. 9, 13 of 1995, s. 36, 2 of 1997, s.2, 7 of 2002, s.6., A 4 of 2012, s3.||
*119. (1) Subject to subsection (1A) the Minister subject to subsection (1A) may, by order in the Gazette, amend the First, Fourth or Fifth Schedule by increasing or decreasing any of the rates of import duty, export duty or excise duty by an amount not exceeding thirty per centum of the rate set out therein:
Provided that -
(i) in the case of maize, wheat, sugar, milk, rice or used clothing, the rates of duty may be increased by an amount not exceeding one hundred per centum of the prescribed rates;
(ii) nothing in this subsection shall empower the Minister to impose duty on any article which is free of duty.
(1A) Notwithstanding the provisions of subsection (1), the Minister may, by order in the Gazette, decrease the rate of duty on maize, wheat, beans, milk or rice by any amount during periods of civil strife, national disaster or calamity declared under any written law for the time being in force and shall, upon revocation of the declaration, increase the rates of duty by such amount as may be necessary to restore the rates prevailing immediately before the declaration.
(2) The Minister may, by order in the Gazette, amend the Second Schedule by increasing or decreasing any rate of suspended duty imposed in the fourth column thereof up to that provided in the third column thereof.
(3) The Minister may, by order in the Gazette, amend the Eleventh Schedule.
(4) A variation in the rate of any duty made under subsection (1), (1A) or (2) shall be laid before the National Assembly without unreasonable delay and shall cease to have effect if a resolution of the National Assembly disapproving the variation is passed within twenty days from the first day on which the National Assembly next sits after the variation is so laid.
(5) Where an order made under subsection (1) (1A) or (2) ceases to have effect by virtue of a resolution under subsection (3), then so much of any duty paid under the order as may be in excess of that duty, if any, payable on the article immediately after cessation shall, on application, be refunded to the person who paid it.
(6) An application for a refund payable under subsection (4) shall be made in the prescribed manner and within twelve months of its becoming due.
(7) Notwithstanding the provisions of subsection (1) and (1A), the Minister may, by notice in the Gazette, adjust the specific rate of excise duty to take account of inflation.
* The Schedules referred to in this section are published in a separate booklet.